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

mytest

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

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

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

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小野田紀美【自民党 参議院議員(岡山県選挙区)】
⁦‪@onoda_kimi‬⁩
⁦‪@YoshiakiSabaiDi‬⁩ マインナンバーは住民票を持つ外国人も持ってますので、マイナンバー保持=給付は問題が生じます。
30/03/20, 22:36
Hello Debito,
I’m a NJ residing here in Japan from 12 years. I think you might find this interesting. Just go to her Twitter account to see the whole discussion. There’s also a petition going on asking this idiot to step down: https://www.change.org/p/自由民主党-差別議員-小野田紀美-自由民主党-氏の議員辞職を求めます?recruiter=842277911
///////////////////////////////////////////////////
On top of that there’s Lower House Dietmember Sugita Mio, hailing from Tottori, who is also tweeting sophistic arguments that financial support for Non-Japanese citizens in Japan is the responsibility of their respective countries, not the GOJ, completely overlooking their legally-obligated tax contributions to the Japanese government’s coffers:

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

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

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

Hi Debito,
Apparently, the Ministry of Health, Labour and Welfare makes a clear distinction between Japanese and foreigner when it comes to coronavirus infection.
In this page we can see that they clearly specify that 1,099 of the 1,494 infected are Japanese.
The relevant text is here:
・患者1,494例(国内事例1,466例、チャーター便帰国者事例11例、空港検疫17例)
・無症状病原体保有者233
(国内事例195例、チャーター便帰国者事例4例、空港検疫34例)
・陽性確定例226例(国内事例226例)
・日本国籍の者1,099名(これ以外に国籍確認中の者がいる)

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

Hi Debito,

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

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

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

(Mainichi Japan)

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

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

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

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

Regards, -JK

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

======================
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APJ-Japan Focus’s Jeff Kingston on PM Abe and postponement of 2020 Tokyo Olympics; plus the inhumanity of the Japanese Govt

mytest

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Hi Blog.  I hope all Debito.org Readers and their loved ones are safe and well during this time of pandemic.

It’s time to talk about the politics of the 2020 Tokyo Olympics, and how Prime Minister Abe has put Japan at risk for the sake of a sports meet.

Dr. Jeff Kingston of Temple University Japan has posted a salient article today about the politicking between Abe’s minions and and the International Olympic Committee, and how Abe may exploit any crisis he exacerbated for his own political benefit.  It’s very much worth a read:

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

Kingston Abstract: Prime Minister Abe Shinzo has been widely criticized for ineptitude in response to the coronavirus pandemic. Keen to host the Olympics in 2020, he put public health at risk. Strong international criticism finally forced the IOC and Abe to accept the inevitable and defer the Olympics until 2021. Now both parties are now trying to claim credit for making this decision. The Japanese policy of limiting testing kept policymakers and citizens in the dark and handicapped responses to the outbreak. As the number of infections surges, the government is playing catch up. The combination of an accelerating COVID-19 outbreak in Japan and imminent global economic recession will hit Japan hard and could lead to Abe’s ouster. For now, there are growing concerns that he may exploit this crisis to advance his political agenda of constitutional revision.

Read the whole article at:

https://apjjf.org/2020/7/Kingston.html

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

COMMENT:  It bears articulating here that Japan (despite a number of premature “rosy” reports bordering on the typical “Japan is unique, special, and immune to world trends“) is now probably going to see its infected cases ramp up and people die.  For much the same reason that Trump initially called the pandemic a “hoax” (buying some time for him and his buddies to sell off their stock before the market crashed), Abe forewent systemic and widespread infection testing to make sure case numbers stayed low (even excluding the infected Diamond Princess cruise ship passengers, who were largely Japanese, from the national tally).  All because the people who have money would rather risk the lives of the elderly and immunocompromised (as happened in the 1980s with Japan’s Health Ministry and HIV-tainted blood) than let any economic impacts of postponing an Olympics reduce their political power or their already-stuffed wallets.

If the rich and powerful are so concerned about the economic well-being of the people who actually man and power national economies, they should re-seed much of their money back into subsidizing the incomes of people who can’t work during lockdown (while governments should pass national policies to temporarily suspend rents, mortgages, and rents on commercial properties).  So that people can all get through this crisis faster by hunkering down in place.  Not make things worse by being forced to work, contaminating each other in clusters, getting sick all at once and dying of insufficient care after overloading hospitals.  Tycoons could also drop a few hundred million on scientific research facilities and production of various PPEs to keep our health-care professions functional on the front lines.  (I’m sure they can get along just fine with their remaining few hundred millions.)

The short-sightedness and greed of people richer than God who won’t subsidize consumers and taxpayers (who have long subsidized THEIR lives) is astonishing.  Especially since a dead consumer/taxpayer and their remaining resentful kith and kin is of no use to them either.  This should be pointed out at every opportunity.

Instead (and this where the Debito.org subject matter comes in), we have Japanese media trying to blame foreigners again.  We’ve already seen the regular knee-jerk reaction (seen in health scares ere: e.g., “NJ have AIDS” (1986), “NJ have SARS” (2003)) of treating it as a “Chinese virus” (singling out Yokohama’s Chinatown).  Or even just portraying it as a general “foreign virus” and shutting out all “foreign” customers (including NJ residents who haven’t been abroad, but not Wajin who have).  But since we can’t blame foreign tourists anymore (world tourism has screeched to a halt), we’re now seeing regular media portraying it as a “returnee” virus (where Japanese returning from infected gaikoku are stigmatized).

Anything but blame the government for their political decision not embarrass or disrupt by testing widely and bringing on the lockdown. People will die for this.  Again, all for the sake of a sports meet.  Read Kingston above for more.  Debito Arudou Ph.D.

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

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ENDS

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

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


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

The Japanese sign below it reads:

“INFORMATION ABOUT POLICIES TAKEN AGAINST CORONAVIRUS

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

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

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

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

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

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

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

======================
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Debito’s SNA Visible Minorities column 8: “No Free Pass for Japan’s Shirking Responsibility”, Mar 16, 2020

mytest

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

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

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

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

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

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

Even more timely is how sekinin tenka influenced Japan’s Covid-19 response…

Read the rest at http://shingetsunewsagency.com/2020/03/16/visible-minorities-no-free-pass-for-shirking-responsibility/

======================
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DF on Chugoku bank unlawfully demanding to check NJ customers’ visa stay durations and photocopy their Gaijin Cards, or face discontinuation of service

mytest

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Hi Blog.  From time to time Debito.org gets sent information from NJ residents being harassed by Japanese officialdom and businesses for the most basic things.  Such as checking into a hotel or using a bank.  Or being treated as objects of mistrust in official “Blame Games”.  Or being demanded unnecessary steps just to live their daily lives or conduct regular business. It encourages racial profiling even further, in addition to what you already have at Japan’s hotels and other public accommodation, police instant ID checkpoints, and tax agencies.  (See here too).

Such as the following case below, where Chugoku Bank is demanding a Visa Check in order to maintain (not open; maintain) a bank account.  (In their words, “we have elected to confirm the period of stay for customers whose period of stay and other details have not been confirmed”  Meaning their nosying into somebody’s visa status is not even under the pretense of some legal requirement.)  And of course, in this era of identity theft that even foreign governments warn you against, Chugoku Bank wants to make a photocopy of the person’s ID, it turns out, for no reason whatsoever but reflex.

As “immigrants are not to be trusted” mindsets proliferate around democracies worldwide, remember where many of them take their cues from:  Japan.  PM Abe, remember, is “Trump before Trump“, and even Abe had his antecedents.  Another milepost on the march towards normalized ethnostatism worldwide.  Debito Arudou, Ph.D.

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From: DF
Subject: Being made to show my gaijin card to my bank
Date: December 12, 2019
To: “debito@debito.org”

Hi Debito,

I recently got the attached postcard from my bank. It says that I have to go in and verify that I am in the country legally to keep using my bank account.

(click on image to expand in your browser)

I went in today and they wanted to make a photocopy of my card. Is this legal? They claimed that they are doing so at the request of the government, which I’m sure is true, and that they need a copy for “filing”, which I am not sure is true.

I told them that the card can usually only be requested by a police officer or an immigration agent. I finally relented only after they explained that they also photocopy other customer’s driver’s licenses. I offered my driver’s license, but they declined. I noticed that other than my visa status (PR), there is really no info on there that they don’t already have.

Who is in the right here, legally?

You may use my story on your site, there must be other people getting this kind of notice from their banks. Initials DF is fine.

Do you know of the specific law that states who may or may not request or copy a zairyuu card? I tried to look, but didn’t find it.

I want to email Chugoku Bank’s head office and try to get them to change their policy at all of the banks, not just my branch. I also want my photocopy returned to me.

I don’t begrudge the workers at the branch, the teller tried to make a copy, I stopped her and she said that the postcard mentioned a copy. We looked at it together and it doesn’t say anything about a copy. She immediately bailed out to a higher authority and I saw that man make a phone call. He then called me over to a private side booth to talk to me. Everybody was professional and polite, but they were just given the wrong information.

If I can quote the law to them and get a reply, I can give a follow-up for your blog.

Thank you for your assistance, DF

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

From Debito:  Hi DF. You are still in the right, legally.  The thing is, the laws I have (the Gaitouhou) pertain to the old Gaijin Card, which is very clear who can inspect the Gaijin Card.  Only police, Immigration Officials, and MOJ representatives.

“The Foreign Registry Law, Section 13, Clause 2. Foreigners, when asked to show their Gaijin Cards by immigration investigation officials (as outlined in separate laws), police, coast guard, or any other national or local public official or group empowered by the Ministry of Justice as part of the execution of their duties, must show.” https://www.debito.org/instantcheckpoints2.html

Now that the Gaitouhou is no more, I’m not sure what the new laws are.  I can’t seem to find them either.  I’ve asked around, but gotten no response.  I’m not a lawyer, so it’s time for the legal experts to weigh in, as they have done (in our favor) in terms of ID checks of NJ residents of Japan at hotels.

Sincerely, Debito

======================
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BBC: “Is Japan embracing diversity?” A Pollyannaish article highlighting a few celebrity examples without data on broad public attitudes or government policy re immigration

mytest

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Hi Blog.  Here we have another one of those hopefulJapan is changing” articles we get from time to time (and from long ago; for example here and here and here and here).  This time from the BBC, where the reporter takes up a number of issues we’ve been dealing with for decades here on Debito.org.  Reporter Okazaki clearly starts from a tack (e.g., “there is hope that an increasingly visible “other” Japan in a changing society can lead it to being the natural state of things”), and then works backwards to find evidence to support it.

As Submitter FB pointed out quite succinctly, the article “highlights a few celebrity examples without any data on broad public attitudes or government policy towards immigration. The fact that 3rd generation ethnic Koreans aren’t citizens is the most telling fact of intransigence towards diversity.” Touche.

So let’s just draw a line in the sand here with a clear litmus test:  At a bare minimum, until Japan’s historical aberration of “Zainichi” status is finally resolved by the Japanese government, and “generational foreigners” are legally accepted as diverse AND Japanese, Japan can never claim to be truly accepting of diversity.  Full stop.

Do that, and then we’ll start talking about how “Japan is changing” as a news peg.  For one cannot ignore the historical contributions and sacrifices of Japan’s minorities, particularly the Zainichi, no matter what cosmetic overtures one might make in public towards a few token Visible Minorities for the sake of overseas media consumption.  Debito Arudou, Ph.D.

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

Is Japan embracing diversity?
By Eri Okazaki, BBC, 24th February 2020, courtesy of FB
https://www.bbc.com/future/article/20200131-is-japan-embracing-diversity

Ahead of the Rugby World Cup held in Japan last year, a Japanese sports magazine, asked the national team’s captain, “Why are there so many foreigners in Japan’s squad?”

The 31-year-old captain, Michael Leitch, originally from New Zealand, answered (in Japanese), “Because that’s how Japan is today.”

Leitch went on to say, “The rugby national team reflects the reality of current Japan, and also anticipates the future of Japan. As a team, we can embody and show society just how important diversity is.” [Ed:  My, how the worm turns.]

The game wasn’t about the individual players

The home team – made up of players from South Africa, New Zealand, Tonga, Samoa, Korea and of course Japan – whipped up a frenzy of passion throughout the country and across the world by reaching the quarter-finals for the first time in the history of Japanese rugby.

PHOTO: Pieter Labuschagne, originally from South Africa, is one of several foreign-born players on Japan’s national rugby team (credit: Newscom/Alamy Live News)

The fervour surrounding the games on Japanese soil, and the success of the Japanese team, was unprecedented. But beyond sport, there was another conversation bubbling underneath the surface. About what it means to “be Japanese” in modern day Japan.

And how does this fit into Japan’s ostensibly homogenous narrative?

Who am I?

Some people in Japan still view their society as a mono-ethnic. Japan’s sense of national identity and what it means to “be Japanese” is deeply engrained.

This comes from layers of historical context; sakoku – an isolationist policy that lasted for over 200 years, which massively limited both migration and imports – as well as assertions from Japanese politicians’ over the years that they are a “homogenous society” and that the distinct nature of the country comes from being “one nation, one civilisation, one language, one culture and one race.”

PHOTO: In March every year, Japanese students attend career seminars and submit job applications as part of shūshoku katsudō (credit: Alamy)

And at first glance, it might seem like that on the surface. Take the traditional job-hunting practice of shūshoku katsudō for instance. In early April every year, thousands of university students dressed in ubiquitous black suits and carrying a briefcase can be seen traipsing the streets in search of jobs at the most reputable firms in the country. You can see why some still accuse Japan of homogeneity.

But that’s not actually the case.

Japan has several minority communities in addition to their foreign residents. The indigenous Ainu who have only been officially recognised by the Japanese government since 2019 as well as the Ryūkyūans or Okinawans. There are also the Burakumin or so-called “hamlet people” once considered the lowest caste in Japan’s now-abolished feudal.

And then there are groups who are considered to be foreigners despite being long-term residents over several generations such as the zainichi. The word simply means “living in Japan” but is most commonly used to refer to ethnic Koreans and their descendants who remained after being brought to Japan during the occupation of Korea from 1910 until the end of World War II in 1945.

PHOTO:  New policies will see Japan welcoming more foreigners (credit: Alamy)

While the majority of these Koreans left Japan when the war ended, some 600,000 remained but over time, lost “imperial citizenship” that original settlers were given. The first generation were long-term residents of Japan without Japanese citizenship. As time went on, some of the next generation did apply and receive naturalisation.

In Japan, citizenship is determined by jus sanguinis or the nationality of your parents as opposed to place of birth. For that reason, Japan-born zainichi are counted as foreign residents in government figures.

With a rapidly ageing population, Japan has opened up its immigration policies to fill an acute labour shortage. In 2018 the government signed a bill to allow for hundreds of thousands of workers to come to Japan to work in specific sectors such as construction, nursing and farming.

But how will Japan deal with the changing face of its population?

Half or whole?

Japanese people of mixed heritage have long been known in Japan as hafu (meaning, half). Coined in the 1970s, some believe it’s a divisive term which on the one hand means multi-ethnicity while on the other means “not whole.” In fact, another term – daburu – meaning double began to be used in the 1990s as a way emphasising what is gained by being mixed race rather than what is missing. But in practice hafu is a more widely used term.

There have been several high-profile Japanese people of mixed race in the spotlight in recent years which has highlighted that there are still issues to be addressed.

Former Miss Japan, Ariana Miyamoto, knows first-hand the struggles of a perceived sense of “being Japanese”.

Miyamoto, 25, represented Japan at the 2015 Miss Universe pageant. She was born in Nagasaki, in southern Japan, to a Japanese mother and an African-American father. As a child growing up in Japan, she says she was bullied because of her dark skin. And when she became the first woman of mixed parentage to be chosen as Miss Japan, she was targeted by online abuse from those who claimed she “isn’t Japanese”, and “isn’t fit to represent Japan”.

PHOTO: Miss Japan Ariana Miyamoto has spoken out about the racial abuse she has received (credit: TORU YAMANAKA/AFP via Getty Images)

But Miyamoto used her new-found fame to become a champion for others like herself, who are of mixed heritage.

And when Priyanka Yoshikawa of Japanese and Indian parents was chosen as Miss Japan for the Miss World pageant the following year, she credited her win to Miyamoto, saying she had helped show “mixed girls the way”.

And Miyamoto says things changed dramatically for her personally when Naomi Osaka won the US Tennis Open and by association, people’s attitude towards her changed completely.

It’s obvious, I’m tan. It’s pretty obvious – Naomi Osaka

Japan’s leading tennis player was born in Japan to a Haitian father and Japanese mother and brought up in the US. Osaka is now ranked number three in the world but her success and visibility in the public eye has highlighted a perception that to “be Japanese” you must look and talk a certain way. The Japanese media often pointedly asked Osaka in post-game press conferences to “reply in Japanese” even though she is not fluent in the language.

PHOTO: Tennis player Naomi Osaka’s success has helped to change attitudes around multiculturalism in Japan (credit: Getty Images)

Japanese food company, Nissin, was also accused of “whitewashing” after it depicted Osaka with white skin and brown hair in an animated advert. Osaka responded by saying, “It’s obvious, I’m tan. It’s pretty obvious.” The company, a sponsor of the Japanese tennis team apologised, saying it had meant no offence and vowed to “pay more attention to diversity issues in the future.”

It was reported in October 2019 that Osaka has chosen Japanese nationality and gave up her US citizenship. Under Japanese law, those with dual citizenship must choose one before their 22nd birthday.

Osaka, for her part, is bemused by it all saying in an interview: “People start saying I’m American ’cause I live in America or I’m Haitian because my dad is Haitian, I’m Japanese ’cause my mom’s Japanese. I don’t know, I’d rather they just focus on the tennis.”

Living in harmony

Shahran Ishino first travelled from Tehran to Tokyo in 2002 as a student, and now holds Japanese citizenship. He runs a consulting firm that promotes the creation of a working environment conducive to both Japanese and foreign nationals.

Ishino believes Japan’s rugby team actually achieved a state that Japanese society has aspired to for centuries. And it was because of the team’s diversity, not in spite of it.

“The game wasn’t about the individual players,” he says, “it was about the team as a whole. That’s very Japanese. It was the very epitome of the Japanese virtue of wa (harmony).”

PHOTO: Iranian-born Shahran Ishino now works with companies to promote multi-cultural workplaces in Japan (credit: BBC)

The concept of wa could be argued as the very essence of the Japanese character. It denotes a sense that group values are more important the individual and therefore conformity to social norms is needed to achieve this state.

But Ishino takes a more nuanced view: “I believe the Japanese spirit of ‘wa’ is a truly wonderful thing. In the rugby team, the Japanese players accept the foreign players, and the foreign players are eager to do well along with their Japanese teammates. They performed well together as a team, everyone pulling together. Of course, they win or lose as the Japanese team, because that’s what they are.”

In Japan, rugby is famous for the phrase “no-side”, meaning once the referee blows the whistle to end the match, there are no more foes, only fellow players. While this phrase is no longer widely used, it has lodged itself firmly in the national consciousness of Japan.

Athletes there with foreign roots are still called “players from a foreign country”. But in a country where the concept of wa is considered a fundamental virtue, there is hope that an increasingly visible “other” Japan in a changing society can lead it to being the natural state of things.
ENDS
======================
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2020 Tokyo Olympics drops Ainu performance from its Opening Ceremonies, despite 2019 law officially recognizing and promoting them as an indigenous people in Japan

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Hi Blog.  One thing I’ve been meaning to mention, now that it’s finally made the international news, is the fact that the Tokyo Olympics have decided to showcase Japan’s latent bigotry after all.  Despite being the first officially-recognized ethnic minority in Japan, the Hokkaido Ainu indigenous people, once included in the 2020 Opening Ceremonies, have found their performance dropped due to “staging production issues” (enshutsu no tsugou).

Debito.org’s take is that including the performance for the world to see would have too clearly contradicted the (postwar-created and carefully-curated) narrative of Japan as a homogeneous monocultural monoethnic society.  In contrast to how numerous Opening Ceremonies have showcased the diversity of the hosting country, this is an enormous slap in the face to the Ainu not only socially, but also legally, given the 2019 law that finally recognizes them as Japan’s indigenous people, and promises to help promote their culture. First chance they get, the GOJ fumbles it.

We’ve started talking about this on Debito.org elsewhere, but let me open up a dedicated blog entry for discussion.  Debito Arudou, Ph.D.

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

I first saw this terse article in the Hokkaido Shinbun in early February:

///////////////////////////////////
東京五輪開会式でアイヌ舞踊不採用 「演出の都合」
北海道新聞 02/07/2020, courtesy of EJ
https://www.hokkaido-np.co.jp/article/390859?fbclid=IwAR1Oy88_R4RjR2oO8zqDzqublXZwu9J4CAbfCV57XDQryXBfXDsO8klZK4s

今夏の東京五輪開会式のプログラムで、アイヌ民族の伝統舞踊が採用されない方針であることが6日、関係者への取材で分かった。内閣官房アイヌ総合政策室が道アイヌ協会側に1月末に説明した。五輪開催決定後、道や同協会が舞踊の披露を政府に要望。前向きな感触を得て、道内各地で練習会も行われているが、演出上の都合としてプログラムに盛り込まれない見通しとなった。

政府関係者や大会組織委員会関係者は「時間も限られており、演出の都合上、難しい」としている。一方、マラソン・競歩の札幌開催(8月6~9日)に合わせ、発着点となる大通公園の西1丁目広場でアイヌ民族が舞踊を披露する機会が設けられるよう、札幌市と協議するという。

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

Weeks later, the overseas media finally picked up on it:

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

Tokyo Olympics: dance by Japan’s indigenous people dropped from opening ceremony
Move raises questions about status of Ainu ethnic minority, whose cultural identity Japan is legally obliged to protect
Justin McCurry in Tokyo
The Grauniad, Fri 21 Feb 2020 (excerpt)
https://www.theguardian.com/world/2020/feb/21/tokyo-olympics-dance-by-japans-indigenous-people-dropped-from-opening-ceremony

Japan’s commitment to the rights of its indigenous people has been questioned after organisers of this summer’s Tokyo Olympics dropped a performance by members of the Ainu ethnic minority from the Games’ opening ceremony.

Members of the Ainu community, originally from Japan’s northernmost island of Hokkaido, had been expecting to showcase their culture to the world in a dance at the Olympic stadium, but learned recently that the plans had been scrapped.

The Tokyo 2020 organising committee said the performance had been dropped from the ceremony due to “logistical constraints”.

“Unfortunately, this particular Ainu dance performance could not be included because of logistical constraints related to the ceremonies,” it said in a statement to the Guardian.

“However, Tokyo 2020 is still deliberating other ways to include the Ainu community. We are not able to provide further details of the content of the opening and closing ceremonies.”

The public broadcaster NHK said last week that an Ainu ceremonial dance would be included in a cultural exposition at the Tokyo National Museum in March, but Ainu representatives said performers, who had already started rehearsing, had been anticipating an appearance on a much bigger stage.

“Everyone was looking forward to performing at the Olympic stadium,” said Kazuaki Kaizawa of the Ainu Association of Hokkaido, which started discussing the inclusion of an Ainu element in the opening ceremony with organisers three years ago.

“We are willing to talk to the organisers about how Ainu culture can be represented during the Olympics,” Kaizawa told the Guardian, adding that the Games’ organising committee had yet to explain its decision. “We’re hopeful something can be worked out.”

The decision sits uncomfortably with recent moves by Japan’s government to improve the status of the Ainu. In May last year, parliament passed a law that legally recognised them as Japan’s indigenous people, obliging the government to protect their cultural identity and ban discrimination in employment, education and other areas.

The law was intended to officially end more than a century of discrimination that began in the late 19th century, when Japan’s Meiji-era government took control of Hokkaido, where the Ainu had been hunting, fishing, practising an animist religion and speaking their own language since the 1300s, according to experts.

But after opening the island to Japanese settlers, the government forced the Ainu, who it referred to as “former aborigines”, to assimilate.
Rest of the article at https://www.theguardian.com/world/2020/feb/21/tokyo-olympics-dance-by-japans-indigenous-people-dropped-from-opening-ceremony
///////////////////////////////////

Now Reuters via The Japan Times:

///////////////////////////////////
Olympic snub: Dance of Japan’s indigenous Ainu dropped from opening ceremony
REUTERS, FEB 22, 2020, courtesy of JDG
https://www.japantimes.co.jp/news/2020/02/22/national/ainu-dance-olympics/

Olympic organizers have dropped a dance by Japan’s indigenous Ainu people from the opening ceremony of this year’s Summer Games, a representative of the minority group said on Friday.

“Ainu dancers will not be included in the opening ceremony in Tokyo,” said Kazuaki Kaizawa, an official at the Hokkaido Ainu Association in Sapporo.

They were told there wasn’t room to fit the dance into the July 24 performance, Kaizawa said.

“We had been preparing and it is a disappointment, but we hope there will still be a chance for us to show Ainu culture elsewhere.”

Officials at the Tokyo 2020 Organizing Committee did not immediately respond to a request for comment.

Rest of the article at https://www.japantimes.co.jp/news/2020/02/22/national/ainu-dance-olympics/
///////////////////////////////////

Debito.org Reader HJ is critical of the portrayal of the issue:
======================================
HJ:  What an atrociously shoddy article, full of double-speak and outright mistakes. Reuters should be ashamed.

“The Ainu people, a hunting and gathering people thought to be descendants of early inhabitants of Japan…”

“Thought to be?” What nonsense! They are an ethnic minority that has unequivocally been present in Japan just as long or perhaps longer than Wajin.

“…who were later displaced mainly to Hokkaido…”

Good grief, what painful abuse of language. They were not “displaced.” They were murdered and had their land stolen, then forcefully assimilated into Wajin society, much the same as the native peoples of North America were done by white invaders.

“The Ainu people…have recently been getting more official attention from a state that had once colonized them.”

Again, egregious misuse of language. They were murdered in droves, had their land stolen, then were forcefully assimilated, then had their very existence denied all the way up to the level of the national government. Referring to that as “colonization” is maliciously dishonest.

“…many Ainu fear identifying as other than Japanese…”

How did this make it past an editor? Newsflash: ALL AINU ARE BOTH AINU AND JAPANESE. “Ainu” and “Japanese” are not mutually exclusive terms. How incompetent must one be to write an article about a (finally) state-recognized Japanese ethnic minority group and simultaneously describe members of said group as if they were somehow not Japanese? […]
======================================

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

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

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

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

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

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

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

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

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

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

Thanks again for everything. Sincerely, Senaiho

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

The article:


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

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

I’ll comment on the contents afterwards.

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

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

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

PDF: Letter to Mayor Okunoki 0113 redact (click on link to download)
//////////////////////////////////

MAYOR OKUNOKI’S ANSWER (click to expand in browser):

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

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

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

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

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

January 29, 2020. OKUNOKI Nobuo, Kawaguchi City Mayor

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

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

COMMENT FROM DEBITO:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ENDS

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SNA Visible Minorities Col 6: “Carlos Ghosn’s Escape from Japan Was the Right Move”, Jan 20, 2020

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

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

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

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

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

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

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

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

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

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Finance Minister Aso apologizes if ‘single-race nation’ remark (essentially denying Japan’s officially-recognized multiethnic society) was “misunderstood”

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Hi Blog.  To kick off the new year, here’s a bit of typical “We Japanese are Unique” narrative maintenance — that for once isn’t going unchallenged.  Because this year, there’s an official leg for protests to stand on.  Read on:

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Aso apologizes if ‘single-race nation’ remark misunderstood
Asahi Shimbun, By MASAHIRO KAKIHANA/ Staff Writer
January 14, 2020, Courtesy of lots of people
http://www.asahi.com/ajw/articles/AJ202001140019.html

Finance Minister Taro Aso on Jan. 14 sort of apologized for saying Japan has been a single-race nation for more than two millennia, a remark that ignored the existence of the Ainu people and other ethnic groups.

His remark also conflicted with the government’s policy, approved by the Cabinet in September, to make efforts to support the Ainu people and eradicate discrimination against them.

“If my remarks caused a misunderstanding, I apologize and will correct them” Aso said after a Cabinet meeting in Tokyo. “I have no intention of denying the government’s policy.”

After more than a century of forced assimilation and discrimination, the Ainu people were finally recognized as indigenous under legislation enacted in May 2019.

But Aso apparently forgot about that legislation when he gave a speech at a Jan. 13 meeting with his supporters in his electoral turf of Nogata, Fukuoka Prefecture.

“There is no other nation but (Japan) where a single race has spoken a single language at a single location and maintained a single dynasty with a single emperor for over 2,000 years,” said Aso, who is also deputy prime minister. “It is a great nation.”

Aso also brought up the Japanese team’s impressive performance at the Rugby World Cup last year, saying, “As it turned out, Japan became ‘one team’ by mixing various nations.”

He made the same “single-race nation” remarks at another meeting held in Iizuka, Fukuoka Prefecture, on the same day.

In 2005, Aso, who was then minister of public management, home affairs, posts and telecommunications, made very similar statements, which drew protests from the Hokkaido Utari Association, now the Ainu Association of Hokkaido.

Chief Cabinet Secretary Yoshihide Suga on Jan. 14 said of Aso’s latest remarks: “I heard that (he) has no intention of denying the government’s policy concerning the Ainu people.”
ENDS

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COMMENT:  Now, watching an LDP dinosaur making statements like this (who keeps getting re-elected) is frustrating as hell.  However, a) it’s refreshing that he “sort of apologized” (we’ve had plenty of these fossilized statements in the past not even getting that much, or even being doubled-down upon by bonafide bigots who nevertheless get re-elected); and b) we have official policy enacted last year (as noted in my annual JT Top Ten Human Rights List for 2019) that has declared the Ainu an indigenous people, meaning that Japan is now officially a multiethnic country.  Even Asole himself wasn’t going to (officially) contradict that.

Again, it’s a bit too much to expect an electorate like Japan’s (one that generally only backs winners, as can be seen in six decades of rule by the same corrupt and morally-bankrupt political party) to vote out somebody on a controversy that few care about. (After all, sadly, how many in Fukuoka give a toss about long-vanquished aborigines in faraway Hokkaido?  Not enough to reach a critical voting mass in 2005.)

What we can do to “bright-side” this event is to note that the unproblematized “monoethnic-pure-race” narrative was indeed challenged.  In public and in the media.  Successfully enough to get a sort-of public backpedaling.  Which was one of the reasons for establishing that official recognition in the first place.  Good news, sort of.  Debito Arudou Ph.D.

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

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

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

justbecauseicon.jpg

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

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

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

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

10) Otaru onsen, 20 years on

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

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

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

9) Diversity in sports…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stephen Givens is a corporate lawyer based in Tokyo.

ENDS

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

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My SNA Visible Minorities column 5: “Local Governments Classifying Japanese Citizens as Foreigners”, Dec. 16, 2019

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Visible Minorities: Local Governments Classifying Japanese Citizens as Foreigners
Shingetsu News Agency, Dec 16, 2019. By Debito Arudou 
http://shingetsunewsagency.com/2019/12/16/visible-minorities-local-governments-classifying-japanese-citizens-as-foreigners/

SNA (Tokyo) — According to the Japanese government, our resident Non-Japanese (NJ) population reached yet another new record, at 2.8 million last June. Last April, Japan started offering new visa regimes to greatly expand the NJ labor force, in response to Japan’s aging society and shrinking population. This, plus steady numbers of permanent residents, international marriages, and naturalizing citizens, are expanding our multicultural and multiethnic communities.

In response, local governments have been trying to accommodate the diversity through new concepts and policies. It started in earnest as far back as 2001 with the Hamamatsu Declaration, where multiple cities and towns near Shizuoka Prefecture called upon the national government to assist them in providing their NJ residents with education, welfare benefits, and streamlined administration. Since then, local governments have generally made positive proposals in good faith.

But sometimes they get it wrong. Last month, Debito.org reported how the city of Nagoya uses a very problematic term in their documents: Gaikokujin Shimin.

The closest translation would be a “foreigner city resident/citizen” (as opposed to, er, a gaikokujin kokumin, the contradictory “foreigner Japanese citizen”?). But the point is that people covered by this term officially belong in the city as dwellers and participants.

The concept sounds inclusive until you see how it’s officially being defined. According to one of Nagoya city’s “General Plans,” dated August 2018, a Gaikokujin Shimin is, as I translate it from the text:

“In addition to people with foreign nationalities with an address within Nagoya city, people like those who obtained Japanese citizenship, children born from international marriages, people with foreign cultures in their backgrounds, and people who have foreign roots.”

(Original Japanese: 名古屋市内に住所を有する外国籍の人のほか、日本国籍を取得した人や国際結婚によって生まれた子どもなど外国の文化を背景に持つ人など、外国にルーツを持つ人。)

Let’s mull that over:
Rest at http://shingetsunewsagency.com/2019/12/16/visible-minorities-local-governments-classifying-japanese-citizens-as-foreigners/

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“Every Foreign Guest must present passport for photocopying” at Hotel Crown Hills Kokura; Japanese Police up to same old unlawful tricks in Fukuoka Prefecture

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Hi Blog.  Despite years of articles and corrections made by official bodies, the Japanese Police are still bending the laws to have Japanese hotels engage in racial profiling, targeting all “Foreign Guests” (not “Foreign Tourists” as the law explicitly says), and demanding they produce ID for inspection and photocopying, including passports.  More on all that here, here, here, here, and here.

Debito.org Reader MR sent word that the latest skulduggery can be found courtesy of the Fukuoka Prefectural Police at an establishment named “Hotel Crown Hills Kokura” in Kitakyushu.

ホテルクラウンヒルズ小倉(BBHホテルグループ): 093-521-0109

Here’s his report pieced together from texts:

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

MR: I made a reservation for a buddy on Japanese-language Rakuten Travel (楽天トラベル) website at the Hotel Crown Hills Kokura.  At check in tonight (12/9/19) at around 7:45PM, the Front Desk asked for his passport to photocopy.  He is a Permanent Resident (永住者), so I intervened and told them so.  They then immediately withdrew the request for the passport, but still asked for and checked his Gaijin Card (在留カード).

To their credit, the clerks at the Front Desk were cool, and I have nothing against them given this sign from the Fukuoka Police at the counter.  MR

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

COMMENT FROM DEBITO:

Here we have another multilingual sign (Japanese, English, Korean, Chinese, and Arabic) at a hotel front produced by the Japanese Police that ignores the law and encourages racial profiling.  This one not only lists the approval of the Fukuoka Prefectural Police (and erroneously cites the Ministry of Health, Labour and Welfare), but also all Fukuoka Prefectural Public Health Departments (Fukuoka Kennai Kaku Hokenjo).  Even though we’ve already had at least one Hokenjo (in Mito) correct the overzealous local police before on the letter of the law, which is:

If you have an address in Japan, you do not have to show any ID at a hotel check in.  Just write that address in the hotel guest book.  That goes for Japanese and NJ residents of Japan.  

The law on hotel (and minpaku) ID checks only applies to foreign tourists without an address in Japan.  So demand it be it enforced (download a file to help you do so here).  

Meanwhile, if you want to do what Debito.org Reader Onur did some months ago, contact the local Hokenjo and get the law corrected.  Clearly the Japanese police are not going to police themselves.  Debito Arudou, Ph.D.

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SITYS: MH Fox translation: “Gangsters and foreigners have no rights”, book excerpt by former J prosecutor Ichikawa Hiroshi Ichikawa on jiadep.org

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Hi Blog.  As mentioned before on Debito.org in 2011 and in book “Embedded Racism in Japan“, Japan’s judiciary trains its law enforcement that human and civil rights do not apply to foreign residents.  Here’s more on that from the person who exposed that, Ichikawa Hiroshi.  SITYS.  Debito Arudou, Ph.D.

“Gangsters and foreigners have no rights”
by Hiroshi Ichikawa (former prosecutor).
Translated by Michael H. Fox
Japan Innocence and Death Penalty Information Center
www.jiadep.org

A translation of Chapter 2 (Yakuza to gaikokujin ni jinken wa nai ) from the book Kenji Shikkaku ( A Prosecutor Debarred ) by Hiroshi Ichikawa. Published by Mainichi Shinbunsha, 2012.  Copyright, 2019-Japan Innocence and Death Penalty Information Center, excerpt reprinted on Debito.org with kind permission.

Translator’s Introduction:

Hiroshi Ichikawa was born in Kanagawa in 1965. In 1990, he passed the notoriously difficult national bar exam after graduating from Chuo University. Those who pass the exam then serve a two year judicial apprenticeship and work along judges, prosecutors and attorneys. At the end of this period, the apprentice can decide, for the most part, to become a lawyer, prosecutor, or judge.

“A Prosecutor Debarred” is the tale of a young idealistic jurist whose career began with a commitment to fairness and justice. This is finely demonstrated when Ichikawa anxiously consults a superior after forgetting to advise a suspect of the right to silence during investigation.

Some years later, Ichikawa would become mercilessly violent. In 2000, he was working in Saga prefecture in Kyushu, and undertook investigation of a financial scandal involving the Saga city Co-op. While interrogating a recalcitrant suspect, Ichikawa became enraged. He would later be called to testify in court, and admit on the stand to screaming “You lousy SOB. I’ll beat you to death!” in the face of a suspect.

The event was widely broadcast in the media. The suspect was tried and found not guilty in both the court of first instance, and the appeals case. Ichikawa would later be dismissed as a prosecutor, but allowed to continue to practice law, hence ‘debarred’ and not ‘disbarred.’ He performed a dogeza, a deep bow on hands and knees, in public, to the former defendant who was found not guilty. Until recently, this was viewable on YouTube.

This chapter begins with Ichikawa’s first day on the job at the Yokohama prosecutor’s office. In Japan, the fiscal year, the employment year, and the school year begin in April.

“Gangsters and foreigners have no rights”

Rest at http://www.jiadep.org/Ichikawa_Translation.html

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Dr. Oussouby Sacko, African-born President of Kyoto Seika U, speaks at JALT, shows more blind spots re racism and tokenism

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Hi Blog. In July 2018, Debito.org talked about a New York Times feature article on Dr. Ossouby Sacko, a Mali-born naturalized Japanese citizen who is currently the President of Kyoto Seika University.  I took a dim view of his views on discrimination by physical appearance in Japan, as he pointedly refused to equate being “treated differently because he does not look Japanese” with racism.

As I wrote back then,

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… But the questions remain:  Is this a form of Stockholm Syndrome?  A cynical attempt to parrot the narrative for the sake of professional advancement?  A lack of awareness and social-science training on the part of a person, despite fluency in several languages, with a doctorate in a non-social science (engineering/architecture)?  I’m open to suggestion.  Especially from Dr. Sacko himself, if he’s reading.

Well, time for an update.  A friend attended a plenary session given at JALT by Dr. Sacko on November 3, 2019. It was entitled:

Diverse Leaders in Japanese Education
In this plenary speech, I would like to share my experiences as a Japanese university manager with a foreign background, and to point out the necessity of collaboration between Japanese and foreign teachers to cope with the needs of more open and global education.

Dr. Sacko also gave a Practice-Oriented Long Workshop on the same day:

Educational Leadership With Dr. Oussouby Sacko
This session will be an open discussion moderated by one of JALT2019’s conference co-chairs, Catherine Littlehale Oki or Steven Herder. This format provides the opportunity to delve further into the themes introduced in Dr. Sacko’s plenary while allowing participants to ask new questions around the topic of educational leadership. We invite audience members to bring questions about teaching, learning, and leading within the Japanese context.

My friend YZ gave Dr. Sacko’s plenary a positive review on FB (all quotes below used with permission), saying:

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

YZ:  I just saw him speak at JALT in Nagoya …he gave a plenary and he was fantastic! I could listen to him for hours…humorous, serious, to the point. A real voice for change in Japan.

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

Reading this, I sent a link to the abovementioned Debito.org post and NYT article to YZ for consideration.

In response, another friend who also attended Dr. Sacko’s plenary session offered this observation:

=================================
JT: I’m wondering if there need to be people who may not be completely honest with the situation to move things forward. When said like this, it sounds like a terrible insult to Dr. Sacko, and I don’t mean to insult him, but there were some disingenuous notes in his talk, but I had to leave before questions. Though I’m not sure I would have brought them up anyway. But I put them here because they have been gnawing at me.

For example, he talked about how he wanted discussion about his targets for Seika, and produced a document with % targets that _to his surprise_ were taken as an order and discussion started on how to implement them. I can’t believe that Dr. Sacko didn’t realize that he was setting out a mandate and that the uni staff would look at it as a debate opportunity.

Likewise, the charming story about how he would hold parties in his Kyoto rented house and his landlord said his place was too small and it would be better for him to hold them downstairs when he was there, which he did. And then have his landlord and later his neighbors come and speak to him about the _weekly_ parties and because they began by saying ‘we like you and all your friends’, he took that as permission to continue the parties when they were actually expressing their discomfort.

It’s a cute story, but I’ve seen those sorts of situations blow up and looked at from one viewpoint, Dr. Sacko was taking advantage of the Japanese unwillingness to voice objections. While taking advantage of situations is unavoidable sometimes, to do so and pretend you aren’t seems problematic to me.

A lot of problems arise when asymmetries are exploited and I think the solution is not to find asymmetries that you can counter exploit but for you to be honest and upfront. Of course, that may not apply when the other side is not going to take any of your suggestions for change seriously, but if someone said to me ‘you took advantage of X’, I wouldn’t want to play dumb and say ‘how can you say that, they didn’t complain’.”

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

To which I replied:

=================================
Debito: I think Dr. Sacko is oblivious to many things. Not only as evidenced in the report from JT above, but also as he expresses himself about racism in Japan in the New York Times article I referred to above.

Obliviousness is a hallmark of most leadership in Japan. But presenting himself as an expert with these obvious blindspots is more than a little annoying. He should know better and say better.

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

To which YZ replied:

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

YZ: I attended his plenary and found it to be very engaging and interesting…in part, I think, compared to the other plenaries that were so academic and language-based, it was refreshing to hear another’s point of view (that was more cross-cultural) about coming here, learning the language, maneuvering through the culture, language, and human-based relationships…and the other various obstacles that can be put in one’s path, yet be able to obtain a position that is normally reserved for native Japanese people. I felt that his experiences, etc struck a chord with many of the long-termers in attendance as many of us could relate to some of his trials and tribulations. No doubt he isn’t perfect in his assimilation, but who of us are? We all do the best we can within our particular circumstances, abilities, and personal goals. Hats off to him for achieving what is nearly impossible for most people who come here with stars in their eyes of wanting to make a difference and to break that glass ceiling that is an obstacle for foreigners trying to work on equal footing with their Japanese counterparts.

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

To which JT replied:

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

JT:  I agree with YZ about having him as a counter balance to the academic presentations, and I didn’t want to harsh the buzz by asking him a pointed question (getting mellow in my old age) I also think it is an interesting illustration of how the high profile foreigner who is really in the minority can effect some change, but that change comes with the caveat that the person has to be treated as a token.

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

Conclusion:  Educators, especially those who are seen as prominent enough to invited as plenary speakers, are supposed to be experts on what they are speaking of — in this case, according to JALT, “the Japanese context”.  And in research situations, they are required to be self-aware of their position in the society they are studying and opining about.  Dr. Sacko is clearly an expert on his own life.  But given his repeated blind spots toward how he is treated in Japan, to the point where he remains oblivious towards the privilege and tokenism he enjoys as an outsider in Japan (while essentially minimizing/denying the discrimination that happens to other outsiders), I think he is out of his depth in terms of social science.  Debito Arudou, Ph.D.

======================
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My SNA Visible Minorities Col 4: “The Xeno-Scapegoating of Japanese Halloween”, Nov 18, 2019

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Hi Blog.  My latest Shingetsu News Agency column has just come out, and it’s a variation on the Gaijin Blame Game that goes on in Japan whenever Japanese authorities want to tighten their control over society further.  Here’s an excerpt:

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

Visible Minorities: The Xeno-Scapegoating of Japanese Halloween
Column 4, Shingetsu News Agency, Nov 18, 2019, by Debito Arudou
http://shingetsunewsagency.com/2019/11/18/visible-minorities-the-xeno-scapegoating-of-japanese-halloween/

SNA (Tokyo) — “Madness.” “Mayhem.” “Chaos unfolded.” “Anarchic behavior.” “Police try to subdue massive crowds running amok.”

That was how one single article in the Japan Times depicted the big party at Shibuya Crossing last Halloween Night. Other media echoed similarly riotous language, noting the heavy police presence and suspended alcohol sales. Sheer anarchy!

Reading all that, you could be forgiven for thinking Shibuya was set aflame and Hachiko knocked off his plinth. But drop by sometime; everything is still there just fine.

Why the alarmist attitude towards Halloween? We don’t see it for the revelry at, say, Japanese sporting events, where Hanshin Tigers fans take over Shinkansens and leap into Osaka rivers; or for annual Seijinshiki Coming of Age Days, where binge drinking and youthful hijinks disrupt boring official ceremonies; or any time of the year in entertainment districts nationwide, with public urination, people passed out on sidewalks or subways, and drunk chinpira picking fights.

Why not? Because those things are normalized. After all, it’s often hard for adults in Japan to have fun without alcohol, and excesses are tolerated as anzen-ben, a “safety valve” for letting off steam given the stresses of life.

Why isn’t Halloween treated the same? Because…
Rest at http://shingetsunewsagency.com/2019/11/18/visible-minorities-the-xeno-scapegoating-of-japanese-halloween/

======================
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Dejima Award #7: Nagoya City officially classifies “Foreigner City Denizens” to include “naturalized persons, children of international marriages, people with foreign cultures or roots in their backgrounds”. Viva Eugenics.

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Hi Blog.  Alert Debito.org Reader XY sends me the following cover, for the Nagoya City Next Term General Plan (Intermediate Draft), dated August 2018.

Striking is what’s found on page 62, under official city definitions of terms:

It offers a definition of “Foreign City Citizens/City Denizens” (gaikokujin shimin), which is itself a reasonable category, since we want to attribute citizenry/residency within a city regardless of nationality (which the juuminhyou Residency Certificate system tried to separate and exclude for six decades).

But look who falls under the definition of “foreign” (my translation):

“In addition to people with foreign nationalities with an address within Nagoya City, this includes people like those who obtained Japanese citizenship, children born from international marriages, people with foreign cultures in their backgrounds, and people who have foreign roots.”

That pretty much makes it clear that you can’t ever be Japanese without “pure” Japanese blood and culture.  In Nagoya, officially that also means you can’t escape being foreign.  Ever.  Even if you naturalize, or have a Japanese parent (who alas coupled with a foreigner), have any cultural ties to a foreign country, or have any roots in a foreign land.

Any taint or connection means you’re “foreign”.  Not “international” (such as Kokusai Shimin).  Foreign.

This not only defies common sense, it also, like the racist Japanese Sumo Association, violates the Nationality Law.

Granted, the next definition distinguishes between a foreign resident (gaikokujin juumin) and a foreign, er, citizen/city denizen (gaikokujin shimin), where the former is solely made into a matter of foreign nationality.

But in a society like Japan’s that adheres pretty strictly to a binary, where you’re either Japanese or you’re not, i.e., you’re a Nihonjin/Wajin or a Gaikokujin/Gaijin, I doubt that most people will be this sophisticated in their worldview.  You’ve got any foreign ties?  Case closed and door shut.  You’re a foreigner, a gaikokujin.  At best a Japanese with an asterisk.  Even Nagoya City (Japan’s third largest city behind Tokyo/Yokohama and Osaka) officially confirms it.

Therefore, for this blatant and ignorant attempt to further classify, stigmatize, and alienate diverse Japanese away from a mythical “pure” Japan free from any foreign influences, I hereby award the coveted Debito.org “Dejima Award” to Nagoya City (only the seventh in Debito.org’s quarter-century of existence), for effectively reviving 19th-century discredited Eugenics theories about thoroughbredness.  That any Japanese tainted by foreign blood, culture, roots or ties is to be classified as a foreigner.  Debito Arudou, Ph.D.

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

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Hi Blog. My latest SNA column 3 is now up. Here’s an excerpt. And here is a link to sources for claims within the article. Enjoy. Debito Arudou Ph.D.

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

Visible Minorities Column 3
Racial Profiling at Japanese Hotel Check-Ins
Shingetsu News Agency OCT 23, 2019, by DEBITO ARUDOU
Courtesy http://shingetsunewsagency.com/2019/10/23/racial-profiling-at-japanese-hotel-check-ins/

SNA (Tokyo) — It’s dehumanizing to be denied service somewhere, not for what you did, but for who you are, and to realize that discrimination is real.

In Japan, your first experience might be with your apartment search—realtors may deny you a home simply because “the landlord doesn’t like foreigners.”

Sadly, there’s little you can do: racial discrimination is not illegal in Japan, even in 2019. You could report what happened to the Ministry of Justice’s Human Rights Bureau (which will generally do nothing), or take them to court where you’re at the mercy of a judge susceptible to narratives of “foreigners are different/difficult, so refusing them is okay,” which is known legally as “rational discrimination.” Still, you will need a place right away to call home.

Eventually, after getting an interlocutor to negotiate or an employer to vouch for you, you find one. You’ll forget about what happened. Something like this doesn’t happen every day, right?

But it may occur the next time you want a hotel room. Given the tourism boom and hosted international sports events, racial profiling and discrimination have become widespread in Japan’s hoteling industry. This is particularly insidious because it’s not just the occasional bigoted landlord calling the shots; this time it’s the Japanese police…

Rest at http://shingetsunewsagency.com/2019/10/23/racial-profiling-at-japanese-hotel-check-ins/

And if you want to do something to stop this happening to you, download a file substantiating that you don’t have to show any ID as a resident of Japan here: http://www.debito.org/newhotelpassportlaw.jpg

=====================
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Last word on NJ hotel passport checks (thanks to a lawyer): It’s as Debito.org has said for more than a decade: NJ Residents are exempt from showing any ID.

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Hi Blog.  With the influx of sports tourism (Rugby in 2019, Olympics in 2020), the National Police Agency (as reported before for years on Debito.org) has been erroneously telling hotels to demand passports and ID from all “foreigners”, including NJ Residents of Japan with addresses in Japan.

The Japanese police have been told for more than a decade now (even by the US Embassy!) that this is not lawful.  NJ Residents are exempt from passport AND ID checks after indicating their residency in the hotel Guest Book.

(And if you want to carry a file substantiating that you don’t have to show any ID as a resident of Japan, download it from here: http://www.debito.org/newhotelpassportlaw.jpg)

So the police have become misleadingly legalistic, as Debito.org Reader Mamoru reports.  He sends along this poster from the Shizuoka Police that lays out the letter of the law as follows:

Courtesy https://www.pref.shizuoka.jp/police/kurashi/gokyoryoku/documents/syukuhakusya.pdf (now dead link)

Here they are making clear in the introduction that they are asking for hotel managers to target foreigners without addresses in Japan, and ask for their passport numbers (the justification proffered: incidents of overseas terrorism, of course, since apparently there are no Japanese terrorists).

Even visually (the green bits), the Shizuoka Police are saying that there are two tracks grouped together:  1) Japanese (Nihonjin) and Resident Foreigners (Zainichi/Zaijuu Gaikokukjin), who have to note (kisai) their name, address, and occupation (under the Hotel Management Law Art. 6); and 2) non-resident Foreigners (Rainichi Gaikokujin/Kokugai Zaijuu), who have to reveal their nationality and passport number under additional Regulation 4.2 (more on this below).

HOWEVER,

Then the yellow bit says that all parties have to have a RELIABLE (kakujitsu) entry for their data.

For Japanese and NJ Residents, this means that the hotels must put into effect an identity check (mimoto kakunin) (although it notes that if they have a copy of the passport then data entry (kisai) is not necessary, which is suss since most Japanese guests would not be carrying a passport).

But unlike other entries, this is not grounded in any law mentioned in the flyer, making this even more suss.

Especially since the final yellow bubble asks for “cooperation” (kyouryoku) with the police in case they want to inspect the Guest Book (shukuhakusha meibo); note that “cooperation” in practice means the police merely asking nicely, because the police don’t have the force of law to compel.  (It also asterisks that if there is a copy of the passport it is not necessary to write it down.)

As grounding in legal writ, the poster here does cite a “Notification” (tsuuchi) from the Ministry of Health, Labor and Welfare that enables police inspection of the Guest Book. But as the below-mentioned Fukuoka Now website (citing a Japanese lawyer) states, these ministerial “directives” are “not laws and are therefore not legally binding, however, they are in practice extremely important as administrative bodies, who execute/enforce laws, follow these internal notifications until the law is clarified by amendment or a judge denied a specific interpretation at court.”

The point is still this is not grounded in actual law.  Hence the request for “cooperation”.  But any hotelier not a legal scholar will no doubt interpret these “weasel words” as a requirement to ask guests for ID.

What’s misleading in these yellow sections is whether or not ALL people regardless of nationality have to show ID (they don’t; they didn’t before, and there’s no law cited now to say that they do).  But in practice, hoteliers will interpret this to mean that all “foreigners” will have to show ID, and the regular unwillingness to inconvenience “regular” Japanese customers will mean that Japanese won’t.

Finally, in the magenta balloons the Shizuoka Police mention that if the person asked for ID refuses to cooperate, then the hotel has the obligation to refuse that person accommodation.  The law cited is not the Hotel Management Law, but a local Shizuoka Prefectural Ordinance (jourei) governing hotels.

In sum, the Shizuoka Police are reinforcing the status quo with weasel words asking for “cooperation” when law doesn’t require.

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

On a second page, the Shizuoka Police also cite various bits of the laws as substantiation:

Bits of this are backed up by an article at Fukuoka Now (courtesy of Debito.org Reader MR), which cites not only the letter of the law but also a lawyer opining:

(Courtesy https://www.fukuoka-now.com/en/can-hotels-take-a-photocopy-of-my-id/, current as of May 14, 2019):

旅館業法施行規則 [4]
第四条の二
3 法第六条第一項の厚生労働省令で定める事項は、宿泊者の氏名、住所及び職業のほか、次に掲げる事項とする。
一 宿泊者が日本国内に住所を有しない外国人であるときは、その国籍及び旅券番号
二 その他都道府県知事が必要と認める事項

Ordinance for Enforcement of the Inns and Hotels Act [5]
Article 4-2
(3) The matters provided for by the Order of the Ministry of Health, Labour and Welfare set out in the Act shall be the following, in addition to the name, address, and occupation of the guests.
(i) The nationality and passport number if the guest is a foreign national who does not possess an address in Japan; and
(ii) Other matters that prefectural governors find necessary.

旅館業法施行規則 [4]
第四条の二
3 法第六条第一項の厚生労働省令で定める事項は、宿泊者の氏名、住所及び職業のほか、次に掲げる事項とする。
一 宿泊者が日本国内に住所を有しない外国人であるときは、その国籍及び旅券番号
二 その他都道府県知事が必要と認める事項

Ordinance for Enforcement of the Inns and Hotels Act [5]
Article 4-2
(3) The matters provided for by the Order of the Ministry of Health, Labour and Welfare set out in the Act shall be the following, in addition to the name, address, and occupation of the guests.
(i) The nationality and passport number if the guest is a foreign national who does not possess an address in Japan; and
(ii) Other matters that prefectural governors find necessary.

(All translations certified by Fukuoka Attorney Miyake Atsushi of Miyake Law, Apr. 2019.)

The Skinny:

At a bare minimum, this Shizuoka Police poster confirms that there are two separate tracks at check-in:  One for Foreign Tourists, and another one for ALL Residents of Japan regardless of nationality (Japanese and NJ):

Foreign Tourists with no address in Japan must show ID, meaning a passport.  Some places will require, as per local ordinance, that passport to be photocopied.

(I will let various governments continue to criticize the potential dangers of this practice, including fraud and identity theft:  The Canadian Government, for example, explicitly says, “You take all responsibility for giving information in your passport to a third party.”

But there is still nowhere in the law that requires NJ Residents of Japan to show any ID after writing down their details in the hotel Guest Book.

And the fact that even this police poster is being intentionally confusing and misleading about the letter of the law, even when the law (or ministerial directive) is being selectively cited, indicates once again how the Japanese Police are continuing their SOP to bend the law and encourage hotels to racially profile their “foreign” guests.  Debito Arudou Ph.D.

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

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

================================
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Fujisankei-owned Japan Today posts article on “What to do if stopped by J police” for Rugby World Cup visitors, after consulting with Debito.org. Then does not acknowledge Debito.org and leaves out valuable advice

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Hi Blog.  Debito.org Reader JDG had this to say about a recent article in Japan Today:

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

JDG:  Right wing Sankei owned Japan Today put out this ‘what to do if you get stopped by the police in Japan’ article for the Rugby World Cup.

https://japantoday.com/category/features/lifestyle/What-to-do-if-you-are-stopped-by-the-police-in-Japan

Half the article about having fun and getting travel insurance, the other half about complying with all police requests because, y’know, cultural differences.

Failure to blindly comply with police stop requests will be ‘escalating the situation’ and grounds for arrest because, y’know, cultural differences.

What about police discrimination and your rights? ‘Don’t believe all the hoopla you read online’.

Basically article’s advice is;
If stopped by Japanese police, do as you are told.

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

For the record, the article is archived below.

COMMENT:  Well, interestingly enough, Japan Today consulted with Debito.org before doing the article.  And then it made no mention of Debito.org or its advice therein.  Here’s the exchange:

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

From: Jeff Richards <jeff@japantoday.com>
Subject: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 8, 2019 at 11:08:36 PM
To: debito@debito.org
Hello Dr. Arudou,
My name is Jeff Richards and I’m an editor for Japan Today.
I’m currently putting together a piece on “What to Do if Stopped by the Police in Japan” as primer for both residents and tourists alike visiting for the upcoming Rugby World Cup (and by extension the Tokyo 2020 Olympics and other large-scale sporting and entertainment events).
I have been using your website as a resource in this regard (and have since I arrived in Japan over a decade ago… ). I was wondering if you had done any updates on this topic (on your website either as a post or in one of your many news columns):
I realize that most of the posts on your site dealing with the police, unwarranted checkpoints, unlawful ID checks by hotel/train staff etc. seem to relate to the former “Gaikokijin Torokushou” but I was wondering if there have been any significant changes to the law with the advent of the Residence Card? Or would these same laws still apply with just a terminology change?
My goal with the article is purely to provide facts to readers about what they are required to have on them (passport or residence card), what they are legally bound to do and what they are entitled to ask before submitting to a check and their rights. It is really a “just the facts, ma’am” type of piece. I wold like to have readers informed of what they should know about these types of situations — especially since more people are a little more reticent about Japanese police and due process since the recent Carlos Ghosn detention shining a spotlight on how the justice system here is stacked against them.
Any insight or updates from you would be appreciated and if you have any other outside sources I might contact or read that would be very welcome, too.
I hope all is well and I look forward to reading any upcoming articles for the Shingetsu News Agency.
Kindest regards,
~Jeff Richards
Jeff W, Richards
Editor
4F 1-8-1 Higashi Azabu IS Bldg.,
1-8-1 Higashi Azabu, Minato-ku, Japan 106-0044

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

Well, I was happy to oblige, so here was my response:

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

From: Debito Arudou <debito@debito.org>
Subject: Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 11, 2019 at 7:38:42 PM
To: Jeff Richards <jeff@japantoday.com>

Dear Mr. Richards,

Thank you for your email, and I apologize for my late response.  Please find my answers below in your text:

 

On Sep 8, 2019, at 11:08 PM, Jeff Richards <jeff@japantoday.com> wrote:
Hello Dr. Arudou,
My name is Jeff Richards and I’m an editor for Japan Today.
I’m currently putting together a piece on “What to Do if Stopped by the Police in Japan” as primer for both residents and tourists alike visiting for the upcoming Rugby World Cup (and by extension the Tokyo 2020 Olympics and other large-scale sporting and entertainment events).

Excellent.  This sounds very helpful.  I will be happy to point to it on Debito.org when it comes out.

 

I have been using your website as a resource in this regard (and have since I arrived in Japan over a decade ago… ). I was wondering if you had done any updates on this topic (on your website either as a post or in one of your many news columns):
I realize that most of the posts on your site dealing with the police, unwarranted checkpoints, unlawful ID checks by hotel/train staff etc. seem to relate to the former “Gaikokijin Torokushou” but I was wondering if there have been any significant changes to the law with the advent of the Residence Card? Or would these same laws still apply with just a terminology change?

I haven’t updated the site in a while, as you know, but I have found that the systems in place are largely unchanged.

As for the Gaikokujin Tourokushou issue, there have NOT been any significant changes with the advent of the Zairyuu Card.  In fact, things have gotten a bit worse, as police don’t always believe the new Gaijin Card will suffice for visa kakunin purposes, and instead ask for passports more often on street ID checkpoints (which is what the Zairyuu Card is supposed to act as a substitute for).  In any case, the Zairyuu Card is basically the Gaijin Card Part Deux.  Meet the new boss, same as the old boss.  As you put it, it’s just a terminology change as far as police enforcement and racial profiling is concerned.

 

My goal with the article is purely to provide facts to readers about what they are required to have on them (passport or residence card), what they are legally bound to do and what they are entitled to ask before submitting to a check and their rights. It is really a “just the facts, ma’am” type of piece. I wold like to have readers informed of what they should know about these types of situations — especially since more people are a little more reticent about Japanese police and due process since the recent Carlos Ghosn detention shining a spotlight on how the justice system here is stacked against them.

That sounds good.  And people are surely right to feel targeted after the Ghosn Case.  Because they are.  As you saw from recent articles, Ghosn’s peers just got the axe for similar misdeeds but Ghosn got sent to jail.

 

Any insight or updates from you would be appreciated and if you have any other outside sources I might contact or read that would be very welcome, too.

How about these?

Scroll through these and see what catches your eye.

 

I hope all is well and I look forward to reading any upcoming articles for the Shingetsu News Agency.

My next one comes out in a few days.  Enjoy.

Sincerely, Debito

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

I then received no response, acknowledgment, or thanks for this email, so I refowarded the mail with a message:

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

From: Debito Arudou <debito@debito.org>
Subject: Fwd: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 17, 2019 at 2:30:12 PM
To: Jeff Richards <jeff@japantoday.com>
Hi Mr Richards.  Just checking to see if you got this.  Sincerely, Debito

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

Then Mr. Richards responded:

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

From: Jeff Richards <jeff@japantoday.com>
Subject: Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 18, 2019 at 12:50:42 AM
To: Debito Arudou <debito@debito.org>

Hi Debito,

Yes, thank you so much for getting back to me and sorry for not doing the same. Apologies.
Your information has been very useful. It’s seems pretty cut-and-dried (regardless of personal opinions on the police’s reasoning or racial bias) but I did just want to give people a very good idea of what will indeed happen if you are stopped by the keisatsu (either just letting you continue on or taking you “downtown” depending on how important it is for people to be outraged).
I ended up taking all of my “opinion” out of it and just presented what will happen and your rights — and how to just make it go smoothly so you can get on to enjoying the rugby. If people really are incensed, probably best to make a complaint later — unless it’s truly egregious. Our readers can discuss it in the comments.
I believe we’ll be publishing the story tomorrow night ahead of the first Rugby World Cup game on Friday.
Thanks again for getting back to me. I’d love to be able to contact you again on other matters involving foreigners in Japan for future stories (I’m planning to one on if you happen to get injured or have an accident and a follow up on if you are unfortunate enough to be detained by the police in Japan).
Regards,
~Jeff
Jeff W, Richards
Editor
4F 1-8-1 Higashi Azabu IS Bldg.,
1-8-1 Higashi Azabu, Minato-ku, Japan 106-0044
Tel: +81 3-5561-7755

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

Then the article came out, and as noted, there was no mention of Debito.org or any of the information therein. So I asked about it.

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

From: Debito Arudou <debito@debito.org>
Subject: Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 22, 2019 at 10:29:47 AM
To: Jeff Richards <jeff@japantoday.com>

Hello Jeff,

Thanks for the article.  But if the information on Debito.org was so useful, why wasn’t it cited anywhere in the article, even as a potential information site like the others?  Please explain.  Thank you.
Sincerely, Debito

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

I received no response from Mr. Richards for three days. So I drew some conclusions, and told him so:

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

From: Debito Arudou <debito@debito.org>
Subject: Please respond within 48 hours. Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 25, 2019 at 10:02:44 AM 
To: Jeff Richards <jeff@japantoday.com>

Hello Jeff again.  I didn’t receive a response from you, so here’s my interpretation of what happened:

1) You wrote up an article that had your “opinions” in it, and some of them were based upon information you found on Debito.org.
2) As you are owned by Fujisankei, you were told by your bosses to remove that information, and all references to Debito.org.  (We can’t have foreigners in Japan knowing their rights, after all.)
If so, I find this overall trend in media complicity in disempowering NJ to be most distressing, as I noted in my Shingetsu News Agency articles that you say below you have seen.
That is precisely a Debito.org issue, which I will be going public with (including our correspondence, since it was not private, and you were writing expressly in your public capacity as an Editor at Japan Today) in 48 hours from this time stamp.
If you would like to clarify the record or my interpretation beforehand, I am inviting you to respond within that 48 hours.
Sincerely, Debito

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

Mr. Richards responded soon afterwards:

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

From: Jeff Richards <jeff@gplusmedia.com>
Subject: Re: Please respond within 48 hours. Re: Journalist Asking about Any Updates on “What to Do if Stopped by Police in Japan”
Date: September 26, 2019 at 1:09:53 AM PDT
To: Debito Arudou <debito@debito.org>

Hi Debito,

Wow. Well, those are some rather unexpected and confrontational email replies.
I’m not sure what I did to warrant that type of reaction or what in fact you were expecting from me.
The article I wrote is for the benefit of people visiting Japan for the RWC (and residents who might be interested). There is no sway over my editorial by higher ups at Fuji at all.
My article steers clear of my “opinions” to keep it as objective as possible without editorializing on the matter since it is not an opinion piece, per se.
While your website has information on it that can be useful, so, too, do the official sites for Japan Customs, the National Police Agency, the Japanese Ministry of Health, Labour and Welfare, the Immigration Services Agency of Japan as well the information I received from embassy officials that I interviewed.
One of the reasons I originally reached out was to find out if you had any actual new content on debito.org that updated some of the older stuff (the links in your original reply direct to articles well over 10 years old). To be fair, some other official Japanese sites (mostly ward and prefectural) contain info that isn’t that much more up-to-date, so I didn’t use those links, either.
Is there a personal quote from you or reference to your website content that perhaps I didn’t attribute? If so, please let me know and I’m more than happy to rectify.
Regards,
~Jeff

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

FINAL COMMENT:  I didn’t respond further to Mr. Richards.  I acknowledge his courteous inquiries at the beginning, and appreciate his efforts to find out the most current information; I also acknowledge that his article is very helpful for the most part.

However, I felt things were certainly different when it came down to reporting any information that might let people know their rights in Japan.  Because, after all, foreigners aren’t supposed to have any rights, according to the Japanese Police, and that’s generally the line that much of the “foreigner-friendly” media basically maintains — just do as you’re told like a good “guest” and all will go well.  Until it doesn’t, of course.

Racial profiling in Japan is Standard Operating Procedure for the Japanese police, and that should be acknowledged somewhere, not simply worked around or removed as a matter of “opinion”.

I remain unswayed in my belief that the inconvenient truths that Debito.org has always offered were not something a media outlet like this was keen on publishing.  And I believe that this is because it is owned by the right-wing Fujisankei group, which has substantially changed the tone of the once foreigner-owned Japan Today.

For the record, shortly after its founding two decades ago, Japan Today’s NJ editors invited me to write columns for them.  I did in fact write eighteen over the course of two years (until they stopped paying me as promised, which is why I quit and went to The Japan Times).  That was then.  Now, I strongly doubt Japan Today would ever publish information found in my columns again.  What I’m saying is simply not what “gaijin-handling” (i.e., putting forth a positive image of Japan under all circumstances) Japan-owned and -managed outlets want published.  Debito Arudou Ph.D.

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

The current text of the Japan Today article, for the record:

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

Lifestyle

What to do if you are stopped by the police in Japan

148 Comments

By Jeff W Richards

This year — for the first time in its 32-year history — the Rugby World Cup will be held in Asia. On Nov 2, 2019, the International Stadium Yokohama in Japan will become just the seventh stadium ever to host the final of the world’s third-largest sporting event.

While a fantastic time is expected to be had by all involved: hosts, teams and fans; that’s not to say some cultural scrums won’t form. The arrest and detention of Nissan CEO Carlos Ghosn last year has shone an international spotlight on Japan’s justice system. This could have some people worried.

Japan is — for the most part — a forward-thinking, modern democracy. It’s justice system, however, still relies on solitary confinement, forced confessions and apologies (with financial compensation to “victims”) for its verdicts. The most worrying aspect of criminal justice in Japan is its detention system (suspects can be held for up to 23 days without being charged) and its bias against non-Japanese detainees.

Stating this is not meant to scare people. Your experience at the World Cup and other events will probably be as fun and enjoyable as you expect, or even more so — whether in Tokyo, Yokohama or farther-flung Kyushu. The locals want you to come and to enjoy yourself at the matches as well as learn and experience the delights of their city and region — police included

But differences in culture and behavior exist. For example, it may be completely normal in your home country — fellas! — to relieve yourself outside, in an alley or on the side of building, whereas here the keisatsu (police) may stop you for defacing private property or indecent exposure. From even minor encounters, major troubles can occur.

This is a no-nonsense guide to what you should do if you are stopped by the police in Japan, prefaced with some common-sense advice to prevent any problems before they might occur.

Before you come

A word to those arriving from overseas: before you leave for Japan, do your research.

Read up online. Visit the website of your embassy in Japan and read its travel advisories. Here they will post relevant information and updates on everything from extreme weather forecasts, natural disasters, pertinent crime reports and lists of prohibited goods you might inadvertently pack.

Websites and resources to check out before you leave:

Purchase travel insurance. When I asked representatives at the British Embassy in Tokyo about their recommendations for Brits coming to Japan, this was No. 1 on their list — and it applies to visitors from all countries. If an accident should occur, Japanese hospitals and clinics do not accept foreign medical insurance. We will have more on this in a second installment of this series for visitors to Japan.

To avoid any hassles before you pass Japanese customs at the airport, find out what medications (if any) from your home country might be illegal in Japan. You could encounter problems with pharmaceuticals as mundane as over-the-counter (OTC) pain relief (anything with codeine is prohibited) or certain allergy medications (pseudoephedrine is also illegal). If you do find an OTC medication you use is listed — don’t bring it. There will be a suitable alternative readily available here — and it won’t cause you grief should be stopped by the police and searched.

If you do require specific medication, make sure to bring the prescription with you and don’t bring more than a 30-day supply. And even if you do have a prescription, Jiminy Christmas, do not bring any medicine containing opium, cannabis, amphetamines, methamphetamines and certain medicines for treating attention deficit disorders (such as Adderall, Vyvanse and Dexedrine) as these are strictly prohibited.

If you’re already concerned about what might happen if you’re stopped by the police in Japan — do yourself a favor: Don’t get detained before you even clear customs.

Before you go out to an event

Make sure you have the proper identification on you when you go out for the day. You will be asked for it if you are stopped by authorities.

For tourists, this means that you must carry your passport with you at all times. Failure to do so could result in more than embarrassment — it could mean detention by the police (as proper ID will be the first thing they ask for) and a fine of up to ¥200,000 (U.S.$1,850) may ensue. “Proper ID” in this case does not constitute your driver’s license from back home.

Also, carry the name and contact info for your accommodations. If you’re staying at a hotel, grab a business card (with Japanese and English on it) from the front desk. This is not just to give to peace officers, but it can help you return safely as cab drivers or people you stop to ask for directions may not speak English.

If you’re a resident of Japan — and you should know this — you need to carry your zairyu, or Japanese Residence Card, with you at all times. Any immigration or law enforcement officers in the course of their uniformed duties can ask for it and — by law — you need to have it on your person at all times. Not doing so carries a fine of ¥200,000.

If you get stopped

During the Rugby World Cup, understand that there will be an increased police presence across the country, especially around match venues and fan zones.

“During the rugby, we are expecting people to be stopped or arrested for boisterous behavior considered minor in the UK or at least in [other] rugby countries,” says Marion Auclair, consular sporting liaison officer for the British Embassy in Tokyo. “That can get you detained for up to 23 days in Japan.” Nudity — like we mentioned above about answering “when nature calls” — is one of those behaviors.

Is it possible you may be stopped simply because you’re a foreigner? Absolutely.

Is there any reason for you to be unduly worried about it? I would say no.

By and large — especially at an international sporting event — police are deployed to assist the public, keep the peace and look for anything suspicious or unfamiliar. Foreigners quite often tick the “unfamiliar” box. They’ll ask you some questions about where you’re from, what you’re doing in Japan and where you might be coming from (or going to). I mean, it depends on how morally outraged you’d like to be about the situation. Contrary to the discussion board hoopla you’ll find online, there is no need to get your back up. This is not #blacklivesmatter. Nobody is going to shoot you because of the color of your skin. In fact, the police in Japan rarely use their firearms.

You are, however, in danger of causing yourself and your companions more trouble than it’s worth should you decide to escalate the situation — and the perception of “escalation” in Japan is quite different than it might be in the West. Here, even raising your voice can be interpreted by Japanese police as noncompliance or obstruction. It’s why you’ll often see Japanese citizens stopped by law enforcement stand perfectly still during an encounter all the while speaking in a non-hysterical voice. The cops as well. No sudden moves. No surprises. Nobody goes to jail.

Raise your voice indignantly, though, and you risk being seen as obstructing police duties. Reason enough for them to ask for your identification, search your person and even ask if you’d like to come “downtown” to the koban (police box). You do not want to do this.

The police in Japan have every legal right to stop you and ask to see your ID. You, in turn, have the right ask them why you’re being stopped. Best to politely pose the question and then submit to their request when they tell you the reason. They’ll note your registration card or passport information, ask you a few more questions and — most likely — you’ll be on your way.

A quick note if the situation does escalate and you find yourself being detained. It’s important to know that in Japan you do not get to make a phone call. By international convention — assuming your country has signed this bilateral agreement (not all have) — if you are held by the police in Japan, they will inform the consular department of your embassy about your arrest.

The British Embassy, for example, would then send the detainee a prisoner pack with a list of lawyers and check if they want a consular visit.

“If so, we automatically visit,” says Auclair. “Then we assess together what kind of assistance [the embassy] can provide to them.”

To avoid this in the first place — use your common sense.

“Because I think fundamentally everybody knows the things that are illegal, right?” says Emma Hickinbotham, the British Embassy’s head of media, communications and marketing. “That you shouldn’t smuggle drugs. That you shouldn’t steal things. Those things — they’re universal. It’s more the nuances of the cultural differences. That is, you might not get arrested but [the situation] could potentially escalate and if you don’t speak the language — maybe in Tokyo it’s different — but out in some of the regions where the rugby is being played, if the local police don’t speak English and they are asking you nicely to put your clothes back on or whatever, it might be [a good idea]. If you don’t understand anything they’re saying, then you might respond and if you’re being too loud, they might misunderstand that as aggression. So, it’s really trying to stop any of those kinds of misunderstandings happening where people may end up getting in trouble for very minor things that are just avoidable.”

To put it in perspective, while many people of all nationalities are stopped daily in Japan, the number of foreigners arrested is significantly small.

So how many UK citizens are arrested or detained in Japan in a year? “I would say about 50,” says Auclair.

Auclair adds something all embassy staff and Japanese people are likely thinking. “We want people to have fun, in the end. We actually want them to enjoy the rugby because we also are very excited about the rugby. [Laughs] You know, we are rugby fans ourselves, so it’s more about: ‘Yeah, just pay attention.’ Have some common sense. Maybe don’t moon in public, that might not be as well received as in the UK.”

For more information on being culturally aware, Auclair and Hickinbotham suggest visiting the UK government’s advisory page with tips for fans traveling to the Rugby World Cup 2019 in Japan.

The more you know before you head out to enjoy a match — whether live at a stadium, in a fan zone with friends or gathered in a bar with strangers — the better time you will have and the less chance of having a bad experience with the police.

Most of it, though, is just common sense — like not urinating on private property or mooning people in public.

ENDS

=====================
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ICI Hotel Kanda unlawfully requires ID from all “foreign guests”, including NJ residents of Japan, as a precondition for stay; claims it’s demanded by Tokyo Metropolitan Police (UPDATED)

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(UPDATE OF SEPT 29 BELOW:  JENIFER CLARIFIES LAW WITH HOTEL, YET HOTEL INSISTS THAT THEY HAVE CHECKED WITH THE POLICE, AND THE POLICE INSIST ALL NJ INCLUDING RESIDENTS MUST SHOW ID AS A PRECONDITION FOR STAY.)

Hi Blog. Here we go again. Debito.org Reader Jenifer (a pseudonym) sends evidence that the ICI Hotel Kanda will not only be demanding ID from all of its “foreign guests” (no doubt, as typically enforced, as a precondition for stay), but also unlawfully requiring even the NJ residents (who have addresses in Japan) display their ID (something not required by law of Japanese guests). The status of “foreign guest” will no doubt be determined on sight or by recorded name, so cue the racial profiling.

(And if you want to carry a file substantiating that you don’t have to show any ID as a resident of Japan, download it from here: http://www.debito.org/newhotelpassportlaw.jpg)

The justification? Once again, the Japanese Police (in this case the Tokyo Metropolitan Police) are stretching the law and demanding hotels act as their agents to check all “foreign ID” (something only people with the proper ministerial credentials can do).  And as the ICI Hotel Kanda explicitly says in the Update below, they will refuse accommodation if that ID is not displayed, in direct violation of the laws governing hotel management.

The ICI Hotel Kanda also cites “safety for our guests and other residents in Japan”.  No doubt the Rugby World Cup will be used as a pretext, even though the reservation is for November. Once again, bring in an international event, and use it as a pretext to further alienate Japan’s resident non-citizens and international citizens. I can hardly wait to see what tricks the police come up with next year for Tokyo’s 2020 Olympics. Debito Arudou Ph.D.


UPDATE SEPT 29:  JENIFER REGISTERS A COMPLAINT WITH THE HOTEL

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

On Wed, 18 Sep 2019, Jenifer wrote:
> To whom it may concern,
>
> This is the second time I’ve stayed here and I have another reservation for November but am considering cancelling it.
>
> I just checked in and was asked for my passport. When I stated I live in Japan, I was asked for my residency card. This goes against the laws of Japan. As a hotel, you cannot not ask anyone who states they live in Japan for ID. Not only that, your hotel staff made the assumption I was not Japanese and not living in Japan by asking for my passport. This is blatant racial profiling. The only people who have a right to ask for a residency card is the Japanese police and immigration. As a hotel, it is illegal to ask people you assume to be non Japanese for their residency card.
>
> I checked in speaking Japanese. In the end I showed her my Japanese driver’s license but I’m not happy I felt I had to do that. Do you ask Japanese for picture ID?
>
> I would like to ask that you train your staff better and have them understand the laws of Japan.
> Sincerely, Jenifer

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

THE HOTEL RESPONDS (EMPHASIS ADDED IN BOLD):

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

From:kanda@icihotel.com” <kanda@icihotel.com>
Date: September 27, 2019 at 23:03:10 GMT+9
To: [Jenifer]
Cc: イチホテル神田 <kanda@icihotel.com>
Subject: Re: Check in procedures

Dear [Jenifer],

We greatly appreciate your response.

First, We would like to sincerely apologize once again to you to what happened during your check-in with us. We have no intention to discriminate anyone as we are only following the check-in policy of the hotel.

Please do know that we are fully aware of Japanese law and we have consulted your case to the Tokyo Police Department. As mentioned to our previous emails, They have strictly ordered us to ask for any identification card for foreign visitor or foreign residence of Japan due to security purposes. Otherwise, We won’t be able to accommodate you. Please understand that we are only complying to the city rules and our hotel rules and regulations.

We have coordinated this matter to the authorized personnel, for further specifications kindly contact them directly.

As we already explained our side, If you need further explanation regarding this situation, Please contact Expedia where you have made your reservation.

Please bear in mind that we didn’t meant to have any misconceptions at all. We are truly hoping for your kind understanding.

Sincerely,
ICI Hotel Kanda
Front staff
■□■□■□■□■□■□■□■□■□■□■□■□

┃ イチホテル神田 担当
E-mail: kanda@icihotel.com
┃ 〒101-0044
東京都千代田区鍛冶町1丁目9-15
┃ TEL: 03-3251-1118
FAX: 03-3251-1117

ICI HOTEL Kanda
┃ 101-0044
1-9-15, Kaji-cho, Chiyoda-ku, Tokyo, Japan
┃ TEL: 03-3251-1118
FAX: 03-3251-1117
┃ E-mail: kanda@icihotel.com

■□■□■□■□■□■□■□■□■□■□■□■□

Jenifer concludes:  “It’s like they don’t want to admit the cops aren’t following the law… ”

======================
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Sept. 19, 1999: 20th Anniversary of the Otaru Onsens Case today: Kindle eBooks “Japanese Only” and “Guidebook” are now downloadable for (almost) free

mytest

Books, eBooks, and more from Dr. Debito Arudou (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  September 19, 1999 was a watershed day in my life, when my family, friends, and I visited the “Japanese Only” Otaru public baths and exposed discrimination in Japan incontrovertibly as racial in nature.

It has been exactly twenty years to the day since then, and not enough has changed.  People (including Japanese citizens) are still being refused services in Japan based upon whether they “look foreign”.  The police still engage in racial profiling as standard operating procedure to ferret out “illegal foreigners”.  There still is no law against racial discrimination in Japan’s Civil or Criminal Code.

Japan remains a signatory to the UN Convention on Racial Discrimination, where it promised (since 1995) to “undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms“. Nearly a quarter-century later, this clearly has not happened.

All of this has been charted and cataloged in great detail in my book “Japanese Only: The Otaru Hot Springs Case and Racial Discrimination in Japan“.

To commemorate twenty years of GOJ negligence following a case that changed the dialog on discrimination in Japan, my “Japanese Only” Kindle eBook is now free to download on Amazon.com.

Well, nearly free. Amazon requires that I charge something, unfortunately. The minimum price is 99 cents US. So I’ve set that price for the book in all countries effective immediately.

Similarly, my book for how to cope with life in Japan and make a good living here, “Guidebook for Relocation and Assimilation into Japan”, is now also nearly free. 99 cents.

Go download and enjoy both. And may the lessons of the Otaru Onsens Case reverberate and help everyone in Japan have equal access to public goods and facilities. Debito Arudou, Ph.D.

=====================
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“Educating the Non-Japanese Underclass”, my Shingetsu News Agency “Visible Minorities” Col 2, Sept 17, 2019

mytest

Books, eBooks, and more from Dr. Debito Arudou (click on icon):
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Hi Blog. Here’s an excerpt my latest for the Shingetsu News Agency. Enjoy. Debito Arudou Ph.D.

Visible Minorities Column 2: Educating the Non-Japanese Underclass
Shingetsu News Agency, SEP 17, 2019 by DEBITO ARUDOU
http://shingetsunewsagency.com/2019/09/17/visible-minorities-educating-the-non-japanese-underclass/

SNA (Tokyo) — In a shocking series of exposés at the beginning of this month, the Mainichi Shinbun reported that minority children of workers in Japanese schools were being segregated from their Japanese peers, put in classes for the mentally disabled, and systematically denied an education.

For years now, according to Ministry of Education surveys, schools have subjected their non-native foreign minority students to IQ tests. The results were striking: Non-Japanese children were found to have “developmental disorders” at more than double the rate of the general Japanese student population.

Striking, but not all that surprising—since these tests assessed IQ via culturally-grounded questions, on things like Japanese shogunates and tanabata festivals. They also considered a lack of Japanese language skills an “intellectual” disability.

Let that sink in. Try claiming that your Japanese students are dim because they aren’t proficient in English, and then watch how long you remain an educator.

But here’s where the bad science turns evil…

Read the rest at http://shingetsunewsagency.com/2019/09/17/visible-minorities-educating-the-non-japanese-underclass/

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Mainichi: “‘Prison camps for Brazilians’: Foreign kids in Japan being ushered into special education.” Perpetuates the Japan-“educated” NJ underclass

mytest

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Hi Blog. What follows are two articles that should make you shudder, especially if you have children in Japan’s education system. Here we have kids being treated by Japanese schools as low-IQ “disabled” students just for not being proficient in Japanese language or culture! (Imagine what would happen if ESL teachers in Japan tried to make the case in public that many Japanese are mentally-deficient because they can’t learn English proficiently!)

To make things even more abhorrent, according to a Mainichi headline below, they’re putting these NJ children to work in “prison camps” instead of educating them. This is not only violates the spirit of Japan’s Basic Education Law (or Kyouiku Kihon Hou — which, note, ONLY guarantees a compulsory education to kokumin, or citizens), but also violates once again Japan’s child labor laws. And it creates and perpetuates the underclass of NJ children “educated” in Japan.

There is so much wrong going on here, and I’m glad the Mainichi exposed it. Debito Arudou Ph.D.

PS:  How about this latest permutation of the NJ “Blame Game” from a school vice principal cited below? “When foreigners increase in number, the learning progress of Japanese students is delayed. As far as is possible, (foreign students) should go to classes to be taught one on one.”  So now the presence of foreign classmates hinder Japanese students from getting an education?  Do these “educators” actually have modern training in how education happens?

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‘Prison camps for Brazilians’: Foreign kids in Japan being ushered into special education
September 4, 2019 (Mainichi Japan), courtesy of Baud
https://mainichi.jp/english/articles/20190903/p2a/00m/0fe/020000c?

PHOTO CAPTION: A Peruvian boy, 17, collects data from a questionnaire as part of his work training in Nagoya. He is currently enrolled in a high-school-level special education class, and is looking for employment. (Mainichi/Haruna Okuyama) (Image partially modified)

Many foreign children in Japan are being placed in special education against their wishes amid a lack of consensus building with schools and doctors as they have trouble understanding Japanese.

【Related】High ratio of foreign students put in special education after sitting IQ tests in Japanese

【Related】Survey reveals barriers to foreign-born students trying to enter Japan high schools

The finding comes in spite of a notice issued by the Ministry of Education, Culture, Sports, Science and Technology in 2013 regarding where children with disabilities should study, which states that “the opinions of the child and their parents must be respected as far as is possible.”

In one case, a 14-year-old Brazilian girl who was born in Japan and is now in her second year of junior high school was placed in a special education class for her first four years of elementary school, without her or her mother being given a sufficient explanation.

The girl’s mother came to Japan about 15 years ago, and soon afterward she began working at a car parts factory for about 11 hours a day. She didn’t have enough time to check on her daughter’s schoolwork, so she asked a home tutor to do so. One day, when the girl was in her fourth year of elementary school, it emerged that she couldn’t do multiplication. When the girl was asked, “Don’t you learn that in school?” she replied, “We dig for potatoes at school.”

The school maintained that it was matching education to the level of the children, and argued, “We received a signature when she was enrolled.” Thinking back, the girl’s mother remembered signing a document saying that her daughter would enter a class in which difficult topics would be taught to the students individually. There was no IQ test or other screening method carried out in advance, and the girl’s mother thought that she would be the same as other students, with the school teaching her the subjects she wasn’t good at.

PHOTO CAPTION: This image taken in Nagoya shows memos a doctor presented to the mother of a 6-year-old boy who had taken an IQ test to judge whether he should enter a special education class. (Mainichi/Haruna Okuyama)

When it came to study, however, the girl was taught hardly anything. Later, when she moved schools and took an IQ test in the sixth grade, she was judged to have the intellectual ability of about a 6- or 7-year old. In junior high school, she has remained in a special education class.

A Brazilian woman in her 20s who has already graduated described these special education classes as “prison camps for Brazilians,” as she has seen many friends from her country as well as children being urged to join such classes.

One 8-year-old Brazilian boy now in his third year of elementary school was advised to enter a special education class in the summer of 2017 when he was in his first year of school on the grounds that he stood up and walked about during class. During an IQ test, he was found to have an IQ commensurate with his age, but was judged to have a slightly lower level of Japanese language ability. His mother stressed that he should attend a Japanese language class at school, but his teacher stood firm, saying it was an “intellectual issue.”

The discussions continued, and the boy entered his second year of elementary school. He got a new teacher, and stopped walking around in class. The talk of him going into special education subsequently ceased. The boy’s mother feels that his first teacher was trying to get her son put in special education due to an inability to instruct him.

When approached by the Mainichi Shimbun, the school’s vice principal responded, “We decide whether or not a student goes into special education based on objective data such as hospital tests, and obtain parental consent.” But the vice principal divulged, “When foreigners increase in number, the learning progress of Japanese students is delayed. As far as is possible, (foreign students) should go to classes to be taught one on one.”

Even when it is recognized that a child has an intellectual disability, there are cases in which they are not given sufficient explanations about IQ tests.

One 17-year-old Peruvian national now living in Nagoya was given an IQ test when he entered elementary school, and was diagnosed as having a slight intellectual disability. An IQ test he took in Peru had produced the same result, so his mother did not object to him being enrolled in a special education class. But the Japanese doctor who saw him went no further than providing a verbal opinion. In Peru, his mother had received a diagnosis of 2 to 3 A4-sized pages, and so she asked for more, saying, “I want documentation explaining the diagnosis.”

Upon completion of the diagnosis, she saw the “paperwork” via a nurse, and was lost for words. It consisted merely of two leafs of memo paper, containing basic phrases written in the simple hiragana script: “Intelligence test, about 4 years old.” “Special education, slight delay.”

(Japanese original by Haruna Okuyama, City News Department)
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外国からきた子どもたち 小4、掛け算も教わらず 支援学級「ブラジル人収容所」
毎日新聞2019年9月3日 東京朝刊

職業訓練の一環として、アンケートの集計作業をするペルー国籍の少年(17)。現在は特別支援学校の高等部に在籍し、就職を目指す=名古屋市で、奥山はるな撮影(画像の一部を加工しています)

障害のある子どもの就学先について、文部科学省は2013年の通知で「本人と保護者の意見を可能な限り尊重しなければならない」と明記した。一方で、日本語が十分に理解できないため学校や医師と合意形成できず、希望しないまま特別支援学級に在籍する外国人の子どもは後を絶たない。

日本で生まれ、岐阜県の小学校に通ったブラジル人の中学2年の少女(14)は本人や母親に説明もなく、入学時から小学4年まで特別支援学級に在籍することになった。

母親は約15年前の来日直後から1日約11時間、自動車部品工場で働く。日ごろ勉強を見てあげる余裕がな…

Rest behind paywall at https://mainichi.jp/articles/20190903/ddm/012/040/130000c?

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RELATED:

High ratio of foreign students put in special education after sitting IQ tests in Japanese
September 3, 2019 (Mainichi Japan)
Courtesy https://mainichi.jp/english/articles/20190902/p2a/00m/0na/016000c

PHOTO CAPTION: Takeshi Kayo, 15, who struggled to understand Japanese and was diagnosed as having a developmental disorder, studies for high school entrance exams at a cram school in the suburban city of Fussa in Tokyo in June 2019. (Mainichi/Haruna Okuyama)

TOKYO — Some foreign children in special education in Japan may have been mistakenly diagnosed as having intellectual or other disabilities due to low scores on their IQ tests because they couldn’t understand Japanese, experts have pointed out.

【Related】Foreign kids in Japan relying on volunteers for language support
【Related】10,400 foreign kids lack Japanese language education amid instructor shortfall

Among public elementary and junior high school students in 25 Japanese cities and towns that have a large population of foreign nationals, more than twice the percentage of all students enrolled in special education classes are foreign children, a freedom of information request filed with the education ministry and other sources revealed.

A survey conducted by the Ministry of Education, Culture, Sports, Science and Technology in February 2017 showed that 25 cities and towns that are part of a colloquium of municipalities where many foreign nationals reside called “Gaikokujin Shuju Toshi Kaigi,” 5.37% of foreign children at public elementary and junior high schools were found to be in special education classes, compared to 2.54% of all students at those schools. The results were compiled of foreign children who were in special education classes as of May 2016. The education ministry had not publicly released the survey results or even revealed that it had conducted the survey, saying “it was an internal survey of just some municipalities.”

The situation in May 2019 had also been surveyed in Ota, Gunma Prefecture; Ueda, Nagano Prefecture; Minokamo, Gifu Prefecture; the cities of Yokkaichi and Iga, Mie Prefecture; the cities of Toyohashi and Shinshiro, Aichi Prefecture; and Soja, Okayama Prefecture. The Mainichi Shimbun used the latest data for these eight cities, and calculated the percentage of foreign children in special education classes. The result showed that 5.37% (584 children out of 10,876) of foreign students were enrolled in special education classes, which was over twice the 2.54% (8,725 children out of 343,808) of students who were enrolled in special education classes out of the entire student population in those cities.

In all 25 cities and towns, the ratio of foreign children in special education classes was higher than the ratio of all students in special education classes, with foreign students comprising nearly 20% of special education classes in Soja, Iga, and Shinshiro, at 19.35%, 18.31% and 17.78%, respectively. Foreign students in the 25 cities and towns make up about 15% of those in all of Japan, and it is believed that the trend is similar in the rest of the country.

Whether a student is placed in a special education class depends on several criteria, including IQ tests. Because IQ tests are generally administered in Japanese, it is possible that the IQs of foreign students are not being assessed accurately. An official at the Soja Municipal Government said, “Enrollment in special education classes is the result of evaluating (foreign) students in the same way as Japanese students, but we recognize that the high rate of foreign students (in special education) is something that must be addressed. We’d like to analyze the results (of the survey).”

Yu Abe, the director of Yotsuya Yui Clinic in Tokyo’s Shinjuku Ward, which administers IQ tests in not just Japanese but in Spanish and Portuguese as well, points out that IQ tests have questions similar to those such as “Who founded the Kamakura shogunate?” and “When is the Tanabata festival?” which put the test-taker at a disadvantage if they are not familiar with Japanese culture. Says Abe, “It is difficult to determine if something is due to a disability, a Japanese language proficiency issue or a combination of those things. My hope is that educators expand the possibilities of support for students. For example, if a student has subjects they are good in, such as math or English, they can stay in the standard class, and receive extra assistance in Japanese language and social studies in Japanese language support classes.”

(Japanese original by Haruna Okuyama and Tomoyuki Hori, City News Department)

特別支援学級
外国籍率2倍 IQ検査、日本語力影響か 集住25市町
毎日新聞2019年9月1日 大阪朝刊

外国人が多く住む25市町の公立小中学校に通う外国籍の子どもの5・37%が、知的障害がある子らが学ぶ「特別支援学級」に在籍していたことが、文部科学省への情報公開請求などで判明した。25市町の全児童生徒のうち特別支援学級に在籍しているのは2・54%で、外国籍の子どもの在籍率は2倍超に達していた。専門家は「日本語が理解できないため知能指数(IQ)検査の結果が低く、知的障害などと判断された可能性がある」と指摘している。(27面に「にほんでいきる」)

調査は2017年2月、文科省が外国人住民の多い自治体でつくる「外国人集住都市会議」に参加する25市…

Rest behind paywall at https://mainichi.jp/articles/20190901/ddn/001/040/004000c

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XY on being racially profiled–by a designated police task force looking for “bad foreigners”–for a traffic fender bender caused by someone else!

mytest

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Hi Blog. I found this experience online a few days ago from someone I trust, who has extensive Japanese experience and knowledge. The author had an interesting experience with a traffic accident (which wasn’t the author’s fault) and it resulted in being racially profiled.

But what makes this a Debito.org Issue is that the Japanese police are now apparently dedicating a special unit just to investigate “bad foreigners”, even those involved in traffic fender benders!

(Making the story even more authentic is the part about the cop afterward asking for further cooperation in the racial profiling.  It happened too me to on the day I naturalized!)

Read on. Reproduced with the permission of the author. Debito Arudou Ph.D.

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XY: I had a bitter but enlightening experience today.

Returned to a supermarket parking lot this morning to find my car surrounded by a small group of Japanese police and onlookers. Apparently a lady backed into my car when I wasn’t there and had called the police to file a report. I think they were all quite surprised to learn that the car was driven there by an American and even more surprised that the American could speak Japanese. Everyone was very kind and both the cops and the woman who hit my car took the time to speak over the phone to my boss and apologize for the incident.

Things got strange when the regular uniformed police called in their racial profiling specialist unit for backup. This was a man wearing a plain white polo shirt who told me I needed to stick around after letting the woman who had hit my car go, did not present a badge, and introduced himself only when I asked him who he was as a man whose job it is to catch “bad foreigners.” He explained that he wanted to check if my visa card and drivers license were fake because “it’s very easy to make fakes these days.”

If the prevalence of fakes was the only issue at hand, one would wonder why he let the woman who had hit my car go without also checking to see whether her license was also a fake, but I didn’t bother pointing this out because it was obviously taken for granted that only “bad foreigners” would make fake IDs and conduct whatever nefarious activities they were potentially looking for beyond the ID pretext.

I stood around for 30 minutes in the heat batting around irrelevant questions until I was cleared to go. The racial profiling unit explained to me without a smile that catching “bad foreigners” is hard work and told me to keep an eye out and let him know if I saw anything in the future. I told him I’d do my best.

Altogether, the issue was resolved without any incident, other than the bullshit that I went over the meter time in the parking lot because my car was hit, and that they made me pay this out of my own money. I left with only a small dent and a learning experience.

Coming from the U.S., it’s an interesting experience as a white person with blonde hair to become an ethnic minority in another country, and to get a few molecules of a taste of the kind of shit ethnic minorities in the U.S. and other countries have to put up with on a regular basis.

It also adds a bit of perspective to experience firsthand that racial profiling and mistrust of “foreigners” isn’t a uniquely American concept, but that human beings do the same shit the whole world over, even in countries like Japan that are often stereotyped as nations grounded in respect for others.
===================
ENDS
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Kyoto JET Programme teacher TS on being made homeless due to xenophobic landlord, and Kyoto Board of Education (who found the apartment) refuses to help

mytest

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Hi Blog. Turning the keyboard over to Debito.org Reader TS, for a lowdown on how the JET Programme might leave their NJ employees in the lurch in the face of xenophobic landlords. Debito Arudou Ph.D.

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From: TS
Subject: Re: Housing contract liabilities as JET program is willing to leave us homeless
Date: August 20, 2019
To: Debito Arudou

Dear Debito,

I have recently learned that as a JET participant via the Kyoto Board of Education that I will lose my housing at the end of August. My landlord, school and board of education will not help me or my wife in recontracting our current place.

My school, Hokuryo, used a flat agency last summer (August 2018) to find adequate housing for my wife and myself. Due to their lack of due diligence and responsible research, we moved in and signed a contract all in Japanese (not explained to us when I first arrived) that the landlord and his wife did not want friends or family visiting my wife and me.

This problem came up in September 2018 when I had a fellow JET from Hyogo visit; I attempted to introduce her (she being African-American) to my landlord, and he promptly crossed his hands and said “no friends”. Next my school gets a call from my landlord, and I’m brought to have a meeting with my principal, English teachers, office staff, and the landlord and landlady. They explained that they don’t want other people (hinting at other foreigners) visiting due to safety issues and concern.

I replied that we trust our guests and also to remind them that nowhere in the contract I signed said this. I also said that if we had known all of this information in advance, we would not have agreed to live in that apartment. In our view, it was the school who decided to offer us this apartment without due diligence and explanation, and in any case I’m not going to say no to, for example, my parents and parents-in-law and force them to go find a hotel if and when they visit. I thought the JET programme was about cultural exchange, anyway.

Following that, over the past year the landlady has come and harassed us about visitors (even though, I repeat, it was nowhere explicitly written in the contract). She also mentioned she was not the one who accepted foreigners to live in the apartment; it was her husband.

Now here it is August 2019, and I am under the impression that my wife and I will have a place to live for the upcoming contract year with JET. However, this time the school delivers a new contract explicitly with stipulations of “no guests in apartment.” You can imagine my anger when I say “you’re forcing me to re-sign for something I didn’t want in the first place.”

So now because we have been given less than a month to find a place that we also hadn’t financially saved up for in terms of moving (it’s more expensive to live elsewhere). But okay, I resigned to signing again for just one more year and accepting their terms of no guests. But a few days ago, I have come to find out that neither my school nor the landlord want to re-sign the contract and thus, the new contract was just for show.

My school has also informed me that they won’t sign as guarantor for any apartment like they will for the other ALT at my school because the circumstances aren’t the same. Is that not discrimination?

I say this because I don’t believe this would have happened had my wife and I been of Caucasian descent.  I am Filipino-American and my wife is a Chinese-Pakistani Canadian Muslim.  The landlords have made it very clear in how they treat other foreigners. 

So now, with only less than 2 weeks before the end of the month, my wife and I cannot live in our current place, nor have the funds to afford to move and live in another… so what are we supposed to do?  How are we supposed to teach and fulfill our contracts but not have anywhere to live?  It is unacceptable the way we have been mistreated by this government program, our board of education and, most specifically, our schools.

I have attempted reaching out to both our prefectural advisor at Kyoto Board of education and a representative from CLAIR but neither can give us a solid answer in moving forward to remedy this situation. How are we to be JET Programme participants and be homeless? Is this my school and Board of Education’s passive-aggressive method of making us break contract? How is this cultural exchange?

Our treatment has solidified how temporary we as even foreign and migrant workers are in the eyes of the Japanese people and government.

Sincerely, TS

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“Visible Minorities”: My first monthly column for the Shingetsu News Agency, Aug 19, 2019

mytest

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Hi Blog. Welcome back from a Summer Break. I’m pleased to announce that I have a new monthly column at the progressive Shingetsu News Agency, the only place left (following the rightward editorial shift at The Japan Times) offering independent journalism on Japan in Japan.

Here’s an excerpt, where I stake out what the column space will be about:

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Visible Minorities: Debito’s New Column for the Shingetsu News Agency

SHINGETSU NEWS AGENCY, AUG 19, 2019 by DEBITO ARUDOU in COLUMNS
http://shingetsunewsagency.com/2019/08/19/visible-minorities-debitos-new-column-for-the-shingetsu-news-agency/

My name is Debito Arudou (or Arudou Debito, if you prefer), that guy from Sapporo who started writing about Japan from the early 1990s on a long-dead mailing list called the Dead Fukuzawa Society. I wrote so much there that I decided to archive my writings on a webpage. Debito.org soon blossomed into an award-winning reference site on life and human rights in Japan, and later a platform for newspaper articles and fieldwork research on racial discrimination.

After moonlighting at places like the now-defunct Asahi Evening News and Japan Today, I began writing in 2002 a column for Japan Times, first under Zeit Gist and then Just Be Cause.

Decades later, here we are with a new monthly column at the Shingetsu News Agency, under the title Visible Minorities.

I chose this title for two reasons…

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Read the rest at
http://shingetsunewsagency.com/2019/08/19/visible-minorities-debitos-new-column-for-the-shingetsu-news-agency/

Enjoy.  Let’s hit the last three months of this year running, and help reverse the tide of xenophobia that has swept liberal democracies worldwide.  Debito Arudou Ph.D.

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

mytest

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

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

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

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

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

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

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

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

Thanks very much as always for reading!  Debito Arudou Ph.D.

======================
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Japan Times JBC 116: “‘Love it or leave it’ is not a real choice” (on how Trump’s alienation of critics of color is standard procedure in Japan), July 24, 2019

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Hi Blog. My latest Japan Times column, talking about how Trump’s recent use of a racist trope, denying people of color the right to belong in a society simply because they disagree with the dominant majority’s ideology, is taking a page from Japanese society’s standard tactics of forcing NJ and Visible Minorities to “love Japan or go home”. Excerpt follows below. Debito Arudou Ph.D.

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

ISSUES | JUST BE CAUSE
justbecauseicon.jpg
‘Love it or leave it’ is not a real choice
BY DEBITO ARUDOU, THE JAPAN TIMES, JUL 24, 2019

Roiling American politics last week was a retort by President Donald Trump toward congresswomen of color critical of his policies.

First he questioned their standing (as lawmakers) to tell Americans how to run the government. Then he said they should “go back” to the places they came from and fix them first.

For good measure, he later tweeted, “If you are not happy here, you can leave!

The backlash was forceful. CNN, NPR, The New York Times, Washington Post and other media called it “racist.” Others called it “un-American,” pointing out that telling people to go back to other countries might violate federal antidiscrimination laws.

The Atlantic was even apocalyptic, arguing that “what Americans do now (in response) will define us forever” as the world’s last great bastion of multiracial democracy.

Why is this an issue for this column? Because it’s hard to imagine a similar backlash happening in Japan, even though this kind of alienation happens here often. [In fact, in Japan it’s old hat…]

Rest at https://www.japantimes.co.jp/community/2019/07/24/issues/love-leave-not-real-choice/

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

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Kyodo: Japan celebrates its South American Japanese diaspora. Praising them for doing what it complains NJ immigrants to Japan do. (Like take Nippon Foundation money to sterilize Peruvian indigenous peoples?)

mytest

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

///////////////////////////////////////
Princess Mako meets with Peruvian president, expresses gratitude for acceptance of Japanese immigrants
KYODO, JIJI JUL 12, 2019 (excerpt), courtesy of Andrew in Saitama
https://www.japantimes.co.jp/news/2019/07/12/national/princess-mako-meets-peruvian-president-expresses-gratitude-acceptance-japanese-immigrants/

LIMA – Princess Mako paid a visit to Peruvian President Martin Vizcarra on Thursday in Lima during her trip to mark the 120th anniversary of the start of Japanese immigration to the South American country.

“I feel Japanese Peruvians are treated very well in Peru. I’m grateful that Peru accepted Japanese immigrants,” the 27-year-old princess, the eldest daughter of Crown Prince Akishino, said during the meeting at the president’s office.

Vizcarra said he is glad that Japanese Peruvians are actively involved in various fields.

The president also showed his gratitude to Japan’s contribution to Peru in the areas of technological and economic cooperation and archaeology. […]

She later met at a hotel in Lima with representatives of Japanese people living in Peru and Japanese volunteers dispatched by the Japan International Cooperation Agency, thanking them for their efforts in the country. […] On Wednesday, she attended a ceremony marking the immigration anniversary and met with Peruvians of Japanese descent. She is scheduled to travel to Bolivia on Monday to mark the 120th anniversary of the start of Japanese immigration to that country, and return home on July 22.
/////////////////////////////////////////

Full article at
https://www.japantimes.co.jp/news/2019/07/12/national/princess-mako-meets-peruvian-president-expresses-gratitude-acceptance-japanese-immigrants/

As Debito.org Reader Andrew in Saitama recently commented:

“Team Japan celebrates its emigrants for their contributions (i.e. being Japanese) – essentially praising them for doing what it complains its immigrants do.”

But Reader JDG went even further:

“Notice they don’t talk about LDP members funding Peruvian government forced sterilization of ethnic minorities. That’s some Japanese contribution to Peruvian society!”

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

Mass sterilisation scandal shocks Peru
BBC News, Wednesday, 24 July, 2002, courtesy of JDG
http://news.bbc.co.uk/2/hi/americas/2148793.stm

More than 200,000 people in rural Peru were pressured into being sterilised by the government of former President Alberto Fujimori, an official report has revealed.

The Health Minister, Fernando Carbone, said the government gave misleading information, offered food incentives and threatened to fine men and women if they had more children.

Poor indigenous people in rural areas were the main targets of the compulsive family planning programme until 2000, when Mr Fujimori left for Japan amid mounting corruption allegations against him.

Mr Carbone said there was evidence that Mr Fujimori and a number of high-ranking ministers could be held responsible for “incorrect procedures” and “human rights violations”.

He called for a deeper investigation and promised that action would be taken against those found responsible for the forced sterilisations.

‘Deceitful’ campaign

Figures show that between 1996 and 2000, surgeons carried out 215,227 sterilising operations on women and 16,547 male vasectomies.

This compared to 80,385 sterilisations and 2,795 vasectomies over the previous three years.

The result has been a demographical drop in certain areas, leaving an older population and the economic disadvantages which will result from fewer people able to earn a living.

The report, by the commission investigating “voluntary contraceptive surgery” activities, concluded that there had been numerous programmes during the Fujimori regime which threatened poor women in Peru.

The operations were promoted in a “deceitful” publicity campaign of leaflets, posters and radio advertisements promising “happiness and well-being,” the report said.

Investigations found that there was inadequate evaluation before surgery and little after-care.

The procedures were also found to have been negligent, with less than half being carried out with a proper anaesthetist.

The commission’s report said the inadequate family planning policy had a psychological and moral impact and harmed the dignity and physical integrity of men as well as women.

Threats

Five hundred and seven people, from rural areas such as Cuzco and Ancash, gave testimonies to the commission.

Only 10% of these admitted having voluntarily agreed to the sterilisation procedure after promises of economic and health incentives such as food, operations and medicines.

Others said that if they refused they were told they would have to pay a fine and would not be able to seek medical help for their children.

The report added that most of the women interviewed said they were scared of talking because of threats made against anyone who spoke out.

The programme was found to have been designed, encouraged and monitored at the highest levels in Fujimori’s government, including the president’s office.

The number of operations, and pressure from government, started to fall after increasing concerns from human rights organisations within Peru and the international community.

ENDS

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

COMMENT FROM DEBITO:  Now, before anyone writes in and says, “You’re being racist.  Alberto Fujimori didn’t do this BECAUSE he is Japanese.  He just happened to be of Japanese descent.” (And self-claimed citizenship.) While doing monstrous things.

However, remember that Fujimori WAS being funded by the right-wing Nippon Foundation (founded by war criminal Sasakawa Ryouichi), especially when it was being headed by self-proclaimed South African Apartheid supporter (and apparently personal friend of Fujimori’s) Sono Ayako.

Meaning Fujimori, with the help of Japanese eugenicists, was cleansing Peru’s countryside of Peruvian indigenous peoples without proper medical procedure or oversight.

We’ve covered Sono Ayako’s ideological hijinks and Alberto Fujimori’s international criminal activity (which is why he is in prison now) on Debito.org before.  What’s missing from this celebration of Japanese history in South America, as JDG notes, is Japan’s hand in modern human rights atrocities overseas.  Thanks to Debito.org Readers for keeping this information alive.  Debito Arudou Ph.D.

============================
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US State Dept. 2018 Country Reports on Human Rights Practices, Japan: Highlights for Debito.org Readers

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Hi Blog.  Every year, the US State Department issues its “Country Reports on Human Rights Practices”.  As highlighted by the Shingetsu News Agency, the 2018 Report on Japan came out last March.  Now while it’s quite rich for the US to be reporting on other countries (but not, notably, itself) while it has an ongoing human-rights debacle for detained foreign entrants and asylum seekers (and their children) around its southern border, this Report has been cited over the years as authoritative (and it has also included the work of Debito.org and others).

So here are the highlights on issues pertaining to Debito.org.  As you can see, a lot of information is glossed over.  Read the Report on Japan in its entirety here.  Debito Arudou Ph.D.

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

2018 Country Reports on Human Rights Practices: Japan

MARCH 13, 2019

Courtesy https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/japan/

Highlights:

Section 1. Respect for the Integrity of the Person

Prison and Detention Center Conditions:
Prison management regulations stipulate that independent committees inspect prisons and detention centers operated by the Ministry of Justice and detention facilities operated by police. Authorities permitted the committees, which include physicians, lawyers, local municipal officials, and local citizens, to interview detainees without the presence of prison officers.

By law third-party inspection committees also inspected immigration detention facilities, and their recommendations generally received serious consideration.

Domestic and international NGOs and international organizations continued to note that this process failed to meet international prison inspection standards. As evidence, they cited the Justice Ministry’s control of all logistical support for the inspection committees, the use of ministry interpreters during interviews with detainees, and a lack of transparency about the composition of the committees.

[More on what’s been glossed over about detention centers etc. here.]

D. ARBITRARY ARREST OR DETENTION

The law prohibits arbitrary arrest and detention. Civil society organizations reported on ethnic profiling and surveillance of foreign Muslims by the police, according to the August report by the UN Committee on the Elimination of Racial Discrimination.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Public Safety Commission, a cabinet-level entity, oversees the National Police Agency (NPA), and prefectural public safety commissions have responsibility for local police forces. The government had effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year. Some NGOs criticized local public safety commissions for lacking independence from or sufficient authority over police agencies. […]

The Japan Federation of Bar Associations continued to allege that suspects confessed under duress, mainly during unrecorded interrogations, calling for recording entire interrogations for all cases. Prosecutors’ offices and police increasingly recorded entire interrogations for heinous criminal cases, cases involving suspects with intellectual or mental disabilities, and other cases on a trial basis; however, recording was not mandatory, and there was no independent oversight of this practice.

Police inspection offices imposed disciplinary actions against some violators of interrogation guidelines, although the NPA did not release related statistics. […]

[More on what’s been glossed over about police interrogation tactics here.]

ARREST PROCEDURES AND TREATMENT OF DETAINEES
Pretrial Detention
Because judges customarily granted prosecutors’ requests for extensions, pretrial detention, known as daiyou kangoku (substitute prison), usually continued for 23 days. NGOs reported the practice of detaining suspects in daiyou kangoku continued. NGOs and foreign observers continued to report that access to persons other than their attorneys and, in the case of foreign arrestees, consular personnel, was denied to some persons in daiyou kangoku. Nearly all persons detained during the year were held in daiyou kangoku. Beyond daiyou kangoku, extended pretrial detention of foreign detainees was a problem; examples included one person held more than 27 months (as of September) and several held for more than a year without trial. In these cases, prosecutors changed multiple times, trial dates were rescheduled and delayed, and prosecutors continued to request “additional time” to investigate matters that, according to the defendant’s counsel, did not warrant the trial’s further delay or additional preparatory pretrial meetings, which are common for jury system cases. […]

Each charged individual has the right to a trial without undue delay (although foreign observers noted trials may be delayed indefinitely for mentally ill prisoners, and extended pretrial detention of foreign detainees was a problem); to access to defense counsel, including an attorney provided at public expense if indigent; and, to cross-examine witnesses. There is a lay-judge (jury) system for serious criminal cases, and defendants may not be compelled to testify against themselves. Authorities provided free interpretation services to foreign defendants in criminal cases. Foreign defendants in civil cases must pay for interpretation, although a judge may order the plaintiff to pay the charges in accordance with a court’s final decision.

[More on what’s been glossed over about police pretrial detention here.]

Section 2. Respect for Civil Liberties
A. FREEDOM OF SPEECH AND PRESS

Freedom of Expression:
According to media and NGO reports, incidents of hate speech against minorities and their defenders, in particular, on the internet, grew. The national law on hate speech applies only to discriminatory speech and behavior directed at those who are not of Japanese heritage and is limited to educating and raising public awareness among the general public against hate speech; it does not carry penalties. Prosecutors have instead used another law on libel to prosecute an extremist group for hate speech, as discussed below. Additionally, on the local-government level, Osaka City and Kyoto Prefecture, where nationalist groups have frequently staged public anti-Korea events near “Korea Town” neighborhoods, as well as Kawasaki City and Tokyo Prefecture, have passed their own ordinances or guidelines to regulate hate speech.

[More on hate speech laws and issues here.]

In April the Kyoto Prefectural Prosecutors’ Office indicted a former Zaitokukai (an ultranationalist organization) senior official, Hitoshi Nishimura, on libel charges for making derogatory online and public statements about the North Korea-affiliated Chosen School in Kyoto. Attorneys for the school’s owner welcomed the prosecutors’ decision to pursue a defamation charge under the Penal Code, which carries a heavier sentence than civil charges levied against other Zaitokukai members following similar incidents in 2009.

[More on the Zaitokukai and their antics here.]

D. FREEDOM OF MOVEMENT, INTERNALLY DISPLACED PERSONS, PROTECTION OF REFUGEES, AND STATELESS PERSONS

Access to Asylum:
The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Ministry of Justice introduced revised screening procedures for refugee applications on January 15 to promote granting refugee status to genuine applicants promptly while also curbing abuse of the application process. As a result, the number of approved applications from January through June, including the approval of two previously denied applications, exceeded the number of approvals granted during all of 2017. In 2017 there were 19,629 applications, 20 of which were approved (0.1 percent). From January through June 2018, the government received 5,586 applications, 22 of which were approved (0.4 percent).

Access to Basic Services:
Refugees continued to face the same discrimination patterns sometimes seen by other foreigners: reduced access to housing, education, and employment. Except for those who met right-to-work conditions, individuals whose refugee applications were pending or on appeal did not have the right to receive social welfare. This status rendered them completely dependent on overcrowded government shelters, illegal employment, or NGO assistance.

[More on issues facing Refugees in Japan here.]

Elections and Political Participation:
Participation of Women and Minorities:
Because some ethnic minority group members are of mixed heritage and did not self-identify, it was difficult to determine their numbers in the Diet, but a number were represented.

[Well, that’s short and under-researched.  Try here, here, and here, for a few more insights.]

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were usually cooperative and responsive to their views.

Government Human Rights Bodies:
The Justice Ministry’s Human Rights Counseling Office had 311 offices across the country. Approximately 14,000 volunteers fielded questions in person, by telephone, or on the internet and provided confidential consultations. Counselling in any of six foreign languages was available in 50 offices. These consultative offices fielded queries, but they do not have authority to investigate human rights violations by individuals or public organizations, provide counsel, or mediate. Municipal governments had human rights offices that dealt with a range of human rights problems.

[That too is under-researched.  These “human rights offices” hardly “deal” with problems effectively at all.]

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

International Child Abductions:
The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

[Seriously, that’s all they say.  Rubbish.]

National/Racial/Ethnic Minorities:
Minorities experienced varying degrees of societal discrimination.

Despite legal safeguards against discrimination, foreign permanent residents in the country and nonethnically Japanese citizens, including many who were born, raised, and educated in the country, were subjected to various forms of entrenched societal discrimination, including restricted access to housing, education, health care, and employment opportunities. Foreign nationals as well as “foreign looking” citizens reported they were prohibited entry, sometimes by signs reading “Japanese Only,” to privately owned facilities serving the public, including hotels and restaurants. Although such discrimination was usually open and direct, NGOs complained of government failure to enforce laws prohibiting such restrictions.

Representatives of the ethnic Korean community said hate speech against them in public and on social networking sites continued. Additionally, there was no indication of increased societal acceptance of ethnic Koreans. Although authorities approved most naturalization applications, advocacy groups continued to complain about excessive bureaucratic hurdles that complicated the naturalization process and a lack of transparent criteria for approval. Ethnic Koreans who chose not to naturalize faced difficulties in terms of civil and political rights and regularly encountered discrimination in job promotions as well as access to housing, education, and other benefits.

Senior government officials publicly repudiated the harassment of ethnic groups as inciting discrimination and reaffirmed the protection of individual rights for everyone in the country.

[These reporters owe it to themselves to read book “Embedded Racism“.  It’s not just “societal discrimination” when racialized discrimination is embedded in the very writing of the laws.  Start here at Chapter 4.]

Section 7. Worker Rights

B. PROHIBITION OF FORCED OR COMPULSORY LABOR

The law prohibits all forms of forced or compulsory labor.

Violations persisted and enforcement was lacking in some segments of the labor market, for example, in sectors where foreign workers were employed; however, in general the government effectively enforced the law. Legal penalties for forced labor varied depending on its form, the victim(s), and the law that prosecutors used to prosecute such offenses. Not all forms of forced or compulsory labor were clearly defined by law, nor did they all carry penalties sufficient to deter violations. For example, the law criminalizes forced labor and prescribes penalties of up to 10 years’ imprisonment, but it also allows for fines in lieu of incarceration. NGOs argued that reliance on multiple and overlapping statutes hindered the government’s ability to identify and prosecute trafficking crimes, especially for cases involving forced labor with elements of psychological coercion.

Reports of forced labor continued in the manufacturing, construction, and shipbuilding sectors, largely in small- and medium-size enterprises employing foreign nationals through the Technical Intern Training Program (TITP). This program allows foreign workers to enter the country and work for up to five years in a de facto guest worker program that many observers assessed to be rife with vulnerabilities to trafficking and other labor abuses.

Workers in these jobs experienced restrictions on freedom of movement and communication with persons outside the program, nonpayment of wages, excessive working hours, high debts to brokers in countries of origin, and retention of identity documents. For example, women from Cambodia and China recounted long hours, poor living conditions, restricted freedom of movement, and nonpayment of wages while they were working in a Gifu textile factory. Workers were also sometimes subjected to “forced savings” that they forfeited by leaving early or being forcibly repatriated. For example, some technical interns reportedly paid up to one million yen ($8,900) in their home countries for jobs and were reportedly employed under contracts that mandated forfeiture of those funds to agents in their home country if workers attempted to leave, both of which are illegal under the TITP. In 2017 the government established an oversight body, the Organization for Technical Intern Training (OTIT), which conducted on-site inspections of TITP workplaces. There is concern that the OTIT is understaffed, insufficiently accessible to persons who do not speak Japanese, and ineffective at prosecuting labor abuse cases.

Workers who entered the country illegally or who overstayed their visas were particularly vulnerable. NGOs maintained government oversight was insufficient.

Despite the prevalence of forced labor within the TITP, no case has ever led to a labor trafficking prosecution.

On December 8, the country enacted legislation that creates new categories of working visas to bring in more skilled and blue-collar workers and upgrades the Justice Ministry’s Immigration Bureau to an agency that will oversee companies that accept foreign workers. NGOs expressed concern that the new law does not adequately safeguard against the potential for continued labor abuses, such as those that have been present in the TITP.

[…] Reports of employers forcing pregnant women to leave their jobs continued, although there are no recent data on this problem. In December media reported the case of a Vietnamese technical trainee who was told to have an abortion or quit her job.

[More on the issues involving “Trainees” etc. here.]

E. ACCEPTABLE CONDITIONS OF WORK

The minimum wage ranged from 737 to 958 yen ($6.50 to $8.50) per hour, depending on the prefecture. The poverty line was 1.22 million yen ($10,900) per year. […] Nonregular workers (which include part-time workers, fixed-term contract workers, and dispatch workers) made up approximately 37 percent of the labor force in 2017. […]

Reports of abuses in the TITP were common, including injuries due to unsafe equipment and insufficient training, nonpayment of wages and overtime compensation, excessive and often spurious salary deductions, forced repatriation, and substandard living conditions (also see section 7.b.). In addition, observers alleged that a conflict of interest existed, since the inspectors who oversee the TITP working conditions were employed by two ministries that are members of the interagency group administering the TITP. Some inspectors appeared reluctant to conduct investigations that could cast a negative light on a government program that business owners favored.

There were also reports of informal employment of foreign asylum seekers on provisional release from detention who did not have work permits. Such workers were vulnerable to mistreatment and did not have access to standard labor protections or oversight.

EXCERPT ENDS

========================
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Reuters: Yet another NJ detainee dies after hunger strike after 3 years in Japan “detention center”; time for a change in labeling

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Hi Blog.  Dovetailing with last week’s blog entry about how Japan’s new “open door” visa programs violate basic human rights, here’s the old classic “closed door” policies aimed to punish bureaucratic transgressions by perpetually detaining people under conditions that don’t fall under standards for sufficient monitoring (because technically, they’re not “prisons”). Policywise, they’re meant to be a deterrent — part of a separate judicial track for foreigners in Japan with fewer human rights (full details on this in “Embedded Racism” Ch. 6).  Separate and lethal.  Particularly in Ushiku.

Again, given how Japan’s ethnostate policies are an inspiration for xenophobes and racial supremacists worldwide, I would argue that these longstanding inhumane Gaijin Tanks” are a working model for the “concentration camps” (the political term of debate in the US these days) for detainees along the American southern border.  Except politicians in Japan don’t have the cojones to call them anything but benign-sounding “detention centers” — after all, who in any position of power cares about the plight of foreigners in Japan?

So what term is a more appropriate depiction for awareness-raising?  Gaijin Gulags?  Internment Camps?  Captivity Chambers?  Perpetual Penitentiaries? Detention Dungeons?  This is a situation where the label matters and the proper language escapes.  Debito Arudou Ph.D.

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

Nigerian dies after hunger strike in Japan detention center

REUTERS/Asahi Shimbun AJW, June 27, 2019, courtesy of DM.
http://www.asahi.com/ajw/articles/AJ201906270086.html

A Nigerian man died in a Japanese immigration detention center this week, an official said on Thursday, bringing to an end a hunger strike an activist group said was intended to protest his being held for more than three years.

It was the 15th death since 2006 in a system widely criticized over medical standards, the monitoring of detainees and how guards respond to a medical emergency.

The man, in his 40s, died on Monday in the southern city of Nagasaki after he lost consciousness and was taken to hospital, said a detention center official who declined to be identified.

He did not give a cause of death.

RINK, a group supporting detainees at the center, told Reuters the Nigerian had been on hunger strike to protest his lengthy detention.

Another 27 foreigners are on hunger strike at a detention center in Ushiku, northeast of Tokyo, said a separate group supporting detainees at that facility.

Some of them have gone without food for 47 days, said Kimiko Tanaka, a spokeswoman for the group.

She said a 23-year-old Iranian man who sought asylum more than two years ago has lost weight and is using a wheelchair.

Two other men at Ushiku have been detained for five years, she said.

“The reality of a lengthy detention is nothing but a human rights violation,” Tanaka said.

An official at the national immigration agency confirmed there are hunger strikers at the Ushiku center, but he did not say how many. Authorities are providing medical care and trying to persuade them to eat, he added.

Immigration is a contentious issue in Japan, where ethnic and cultural homogeneity are deeply rooted.

Japan held about 1,500 detainees as of June 2018, according to the latest public data, nearly half of them for more than six months.

Some 604 were asylum seekers whose applications were rejected, while the rest were held for various immigration infractions such as overstaying visas.
ENDS

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

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Mainichi: New “open door” visa programs violate basic NJ human rights (now including marriage and children), don’t resolve cruel detention centers, and still curb actual immigration and assimilation

mytest

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Hi Blog.  The Mainichi updates us on how Japan’s oft-toted “wider open door” new visa regimes make sure any actual immigration is held in check, with continuing draconian and deadly treatment for detained NJ.

The Mainichi calls them “haphazard immigration policies”, but that’s inaccurate.  Japan still has no policy in place to encourage newcomers become immigrants (imin, i.e., firmly-established taxpaying residents and citizens).  Au contraire, they’re still part of what Debito.org has called a “revolving-door” visa policy that has been in place for nearly thirty years now (what with the “Trainee” and “Technical Intern” programs that won’t even call NJ laborers “workers” (roudousha) in order to avoid granting them some legal protections), to make sure we take them in young, fresh and cheap, and spit them out when they’re too expensive or past their working prime.

For those who fall afoul of this exploitative system, they face being made an example of within cruel “gaijin tank” detention centers (which don’t fall under minimum standards covering prisons), which in effect send a deterrent message.  It’s similar to what’s happening in the concentration camps now being run by the US Customs and Border Patrol (which, given that 45’s supporters are in thrall to Japan’s putative ethnostate, should not be too surprising).

As an interesting aside, the Mainichi below mentions how Japan even ethnically cleansed itself of Iranians in the 1990s, which can and will happen again.  Now public policy is going one step further — trying to nip any possibility of marriage and children with Japanese.  There are even bans on NJ on certain work visas having international liaisons, marriage, and children!

For all the new “open-door” visas being advertised, it’s clear that NJ are still seen more as work units than human beings.  Debito Arudou Ph.D.

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Left in limbo: Japan’s haphazard immigration policies, disrespect for human rights
April 19, 2019 (Mainichi Japan), courtesy of JK
http://mainichi.jp/english/articles/20190419/p2a/00m/0fe/004000c

PHOTO CAPTION: Farhad Ghassemi’s father, Seyfollah Ghassemi, had been detained at Higashi Nihon Immigration Center, also known as Ushiku Detention Center, until his provisional release in October of last year. Pictured here at his home in Kanagawa Prefecture on March 12, 2019, Seyfollah says he is worried that his provisional release could be revoked at any time. (Mainichi/Jun Ida)

Japan is expected to see an influx of at least 340,000 people in the next five years, as a result of the amended Immigration Control and Refugee Recognition Act that went into effect April 1. But are this country’s people, society and legal system ready for such a sudden shift? Foreign nationals who have already lived in Japan for years and their Japanese supporters cast doubt not only on Japan’s preparedness, but on its willingness.

【Related】Japan opens door wider to foreign workers under new visa system
【Related】Japan born and raised, boy of Iranian-Bolivian descent fights deportation order
【Related】Housing complex with foreign, Japanese residents provide model for a diverse society

Kanagawa resident Farhad Ghassemi, 17, was born in Japan to an Iranian father and a Japanese Bolivian mother. He’s an Iranian national, but the extent of his skills in Farsi and Spanish, his father’s and mother’s mother tongues, respectively, are minimal. He filed a lawsuit with the Tokyo District Court seeking, among other things, the invalidation of a deportation order that was issued when he was 6 years old. On Feb. 28, however, Presiding Judge Chieko Shimizu dismissed all of his requests.

Farhad was sitting in the gallery the moment the ruling was handed down. He cradled his head in his arms and did not move for a while afterward. “I was shocked,” he says. “I can’t help but think they’re just bullying us.”

Farhad’s father, 50-year-old Seyfollah Ghassemi, entered Japan in 1992, seeking work. Here he met Liliana, 50, and the two married. Their son Farhad was born in 2002. In 2009, the year after Seyfollah was arrested for overstaying his visa, the family of three was issued a written deportation order.

Farhad’s status until now has been “provisional release,” meaning he does not have a residence permit but is not in detention, allowing him to receive an education alongside his Japanese peers. The latest ruling has forced Farhad to enter his final year of high school not knowing what will happen to him, under an unauthorized status. He wants to further his education, but does not know how many universities here accept foreign nationals without authorization to live in Japan. Farhad appealed the district court’s ruling to the Tokyo High Court.

Farhad is naturally worried about what lies ahead. “I can’t plan my future,” he said.

This reporter has recently visited the family’s home in Kanagawa Prefecture. By the window was a photo of the family taken at an aquarium before Farhad had started elementary school. “Japan is the only place where all three of us can live together,” Seyfollah said.

Seyfollah is Muslim, while Liliana is Christian. In Iran, even the inter-sect marriage of Sunnis and Shias is highly controversial. Under Iranian law, Liliana would be forced to convert to Islam. Farhad, who does not follow any religion, would also be forced to become Muslim.

The Tokyo District Court acknowledged that there was a “risk of great loss” if Farhad’s request for permission to stay in Japan were not granted, because Farhad’s life was deeply rooted in Japan, both in terms of language and lifestyle. Moreover, the court stated that “the plaintiff could not be held responsible” for the fact that he has been on overstay status since he was 6 years old. And yet, the reasoning that is given for the government’s ultimate decision not to grant Farhad special residence permission is that it is “within the discretion of the government,” and is “legitimate.”

“This is the true face of a country that amended its immigration law to say, ‘Welcome, foreign laborers,'” says journalist Koichi Yasuda, who witnessed the sentencing in the gallery of the courtroom. “For self-serving reasons, the state is trying to kick out people who have actually put down roots in Japan. It’s a complete contradiction.”

Yasuda writes about discrimination against foreign nationals and human rights issues in his latest book, “Danchi to imin” (Danchi apartments and immigrants). He points out that until 1992, the year Seyfollah arrived in Japan, Iran and Japan had a mutual visa waiver agreement in place. “At the time, micro-, small- and mid-sized businesses were highly dependent on Iranian laborers, making their presence crucial. Many people can probably recall the sight of many Iranian workers who, on their days off, would congregate at parks in Tokyo to exchange information,” Yasuda says. “The Japanese government was effectively giving its approval to Iranian labor.”

However, once Japan’s economy tanked, society’s anti-foreign rhetoric spread. It was against this backdrop, Yasuda explains, that the government beefed up its policy of urging Iranians to leave Japan. Meanwhile, the 1990s saw a surge in the number of laborers coming into Japan from Brazil and other countries due to relaxed visa requirements for foreign nationals of Japanese descent.

“(Farhad’s mother) Liliana, who is of Japanese descent, arrived in Japan in 1994. Families like the Ghassemis are precisely the result of Japan’s haphazard immigration policies. And now the children of the couples who met in Japan are being told to leave the country. The phenomenon is symbolic of Japanese society,” Yasuda says.

Once in Japan, Seyfollah experienced discrimination at the workplace when he was an automobile mechanic, and also in his everyday life. But he recalls that ever since he met Liliana, they “helped each other lead their lives in Japan, a country that was unfamiliar to both of us.” Reading the court ruling handed to Farhad, it makes one wonder whether foreign nationals who come to Japan are forbidden from falling in love or getting married depending on their visa status.

“Such bans actually exist in Japan,” Yasuda tells the Mainichi Shimbun.

Through interns with the Technical Intern Training Program whom he has interviewed, Yasuda has learned of cases in which bans on dating and getting married — regardless of the other party’s nationality — are clearly outlined in the interns’ workplace regulations. “It’s like middle school ‘seito techo’ (school rulebooks that most Japanese middle schools distribute to their students), but they’re forcing these rules on foreign nationals in their 20s and 30s,” he says. “One rule even went like this: ‘Conduct that could result in pregnancy is banned.’ Japanese employers think they can include such a rule in their work regulations if they’re targeted toward foreign laborers.”

At the same time that the amended immigration laws went into force in a bid to bring more foreign workers to Japan, the long-term detentions of foreign nationals who have overstayed their visas is a common sight at immigration detention centers across the country. As of the end of July 2018, of the 1,309 detainees nationwide, 54% had been detained for six months or longer. According to attorneys and others who provide assistance to foreign workers in Japan, 13 foreign nationals died by suicide or from illness while in detention between 2007 and 2018. Many detainees complain of appalling health conditions at detention centers, saying they are hardly permitted to see physicians.

A damages lawsuit brought against the central government at the Mito District Court for the 2014 death of a then 43-year-old Cameroonian man while he was detained at Higashi Nihon Immigration Center in the Ibaraki Prefecture city of Ushiku is ongoing. His mother, who resides in Cameroon, filed the suit.

According to the legal complaint that was filed, the man had been confirmed as diabetic after a medical consultation at the immigration center. He began to complain of pain in February 2014, and died at the end of March that year. Security cameras at the center captured him saying in English that he felt like he was dying starting the night before his death, and the footage has been saved as evidence. Even after the man fell from his bed, he was left unattended, and a staff member found him in cardiopulmonary arrest the following morning. He was transported to a hospital where he was confirmed dead.

“Immigration officials have a duty to provide emergency medical care,” says the plaintiff’s attorney, Koichi Kodama. “The government should be accountable for revealing who was watching the footage of the man rolling around on the floor, screaming in pain, and whether anyone went directly to his room to check on his condition.”

There is no way a society that does not respect the human rights of individual foreigners and only sees them as “cheap labor” or “targets of public security measures” can flourish.

Says journalist Yasuda, “There are times when I wonder if Japan should be allowed to bring in foreigners, or has the right to bring in foreigners. At the same time, though, I believe that it’s a good thing for society that people with different roots live together. I think that the media should stop reporting on foreigners as people to be pitied, and not forget that this is a problem with our society.”

(Japanese original by Jun Ida, Integrated Digital News Center, Evening Edition Group)
Japanese version (excerpt)

特集ワイド
外国人労働者は恋愛禁止? 場当たり政策が生む「悲劇」
毎日新聞2019年4月1日 東京夕刊
写真:昨年10月まで東日本入国管理センターに収容され、仮放免中のガセミ・セイフォラさん。「また仮放免を取り消されるのではないかといつも不安です」=神奈川県の自宅で
外国人労働者の受け入れ拡大を目的にした改正入管法が1日、施行された。今後5年間で34万人以上の増加を見込む外国人とともに暮らすための法制度や社会の準備は本当に整っているのか。長く日本で生活しながら差別的な扱いに苦しむ外国人と、支援者からは不安の声が聞こえる。【井田純】

改正入管法施行 消えぬ不安の声
判決が言い渡された瞬間、傍聴席に座っていた神奈川県在住の原告、ガセミ・ファラハッドさん(17)=イラン国籍=は頭を抱えてうつむき、しばらくの間動かなかった。「ショックでした。自分たちをいじめているようにしか思えません」。父はイラン人、母は日系ボリビア人。日本で生まれ育ち、両親の母語はあいさつ程度しか話せない。6歳の時に出された「退去強制令書」の無効確認などを求めて東京地裁に提訴したが、2月28日、清水知恵子裁判長はすべての請求を退ける判決を言い渡した。

この訴訟については途中経過を昨年9月の「特集ワイド」で取り上げたが、改めて経緯を振り返りたい。

Rest available by subscription at http://mainichi.jp/articles/20190401/dde/012/040/015000c

ENDS
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Anonymous on Ethical Issues/Discriminatory practices being carried out by Todai and Kyodai against MEXT scholars

mytest

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Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  What follows are more travails of foreign and exchange students (not to mention foreign academics employed under this system) who think that studying in Japan is like studying or working at universities in other developed countries.

Debito.org has talked about this flawed system before, as in about a decade ago, when it comes to lack of institutional support for foreign scholarships (to the point where students just give up and leave) or even having sufficient university support when being systematically rejected for an apartment for being a foreigner!  Even when the GOJ signals that it wants a more “open-door policy” for more foreign students and staff, what with the Global 30 Project funding from the Ministry of Education, the Times Higher Education reported that Japan’s “entrenched ideas hinder” that from happening.  And the THE wrote that article back in 2010, meaning that nearly a decade later things still aren’t getting much better.  Read on for Anonymous’s report below on the Kafkaesque ordeal he/she had just trying to transfer schools, even those anointed under the Global 30 Project.

Forewarned is forearmed, prospective students considering Japan as a destination.  Know what you’re getting into or suffer an enormous bump in the road on your way to a terminal degree in your field.  Debito Arudou Ph.D.

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From: Anonymous
Subject: Ethical Issues/Discriminatory practices being carried out by Todai and Kyodai against MEXT scholars
Date: May 28, 2019
To: Debito Arudou <debito@debito.org>

Dear Dr. Arudou,
I am writing to you today to ask your advice on how to deal with discriminatory practices and unethical conduct being carried out by some of Japan’s top universities against undergraduate Ministry of Education (MEXT) scholars under the current scholarship system.

I was an undergraduate student for 4 years under the MEXT program. Since the 1st year of university, I was very careful with both my marks and research as I aspired to apply for an extension at the end of my scholarship for masters. This was very hard, as the University of Tokyo, despite being an international university, has a lack of support for mainstream (non-English program) international student undergraduates – our existence was essentially ignored, and the admin never seemed to know what they were doing when it came to providing us with factually correct information. For various personal reasons coupled with frustration at the university, I decided to apply for master’s at the University of Kyoto. Now, it is worth noting at this point that whilst extensions aren’t guaranteed, I felt reassured as I knew that the extensions end would be handled by MEXT – even if they were to reject my application, since MEXT is a government entity I hoped that it would at least not be that unfair. When I was granted the scholarship initially, MEXT was in charge of handling the extensions. There was no information on the pledge (which I believe was a kind of contract?) that our universities would have anything to do with the extension process. Little did I know, in my second year of university, MEXT changed the system (presumably so they wouldn’t have to do as much paperwork), forcing universities to filter out students for selection themselves. I only found out about this late last year. Each university is provided with only a certain number of slots, and if my understanding is correct, if one year not all the slots are filled then the amount of slots allocated to a certain university are drastically decreased the following year.

I think you can understand already how this may be problematic. Here I am, applying for an extension to go to the University of Tokyo’s rival university, with the University of Tokyo having full control of whether to recommend or not recommend me to MEXT. This obviously poses ethical problems, and I was pretty quick to complain to the international office. Why on earth, I asked, am I being evaluated for a scholarship selection by a university who could potentially favor its own scholarship extension applicants, and who I will not be going to next year? At the very least, the University of Kyoto should be evaluating me as it is their university that I passed and would be going to. Lo and behold, I was mysteriously rejected – mid January, and two and a half months before I was about to enter graduate school. This permanently messed up any chance I had of pursuing my graduate studies, and consequently caused numerous other problems. I was forced to scramble to find a job last minute, in order to avoid financial ruin and being deported. There were a lot of problems involved in this incident that would probably equate to about 10 pages worth of text, so I have written a summarized list below.

The University of Tokyo:

1. Being shrugged off by the international office when complaining about the school evaluating me – “It will be okay!” “A student successfully changed schools a previous year!” (It should be noted that the student they were talking about belonged to a different faculty, and that they were evaluated under the old system, so this information was potentially misleading).

2. The University of Tokyo refusing to let foreign students know how exactly they were to be evaluated. No guidelines were given.

3. The University of Tokyo refusing to provide feedback on my research proposal and how it was inferior to that of their other applicants, claiming that it was an invasion of the privacy of other students (Please note that I never once asked for the names and majors of other students.) If they rejected me, they should at least be capable of explaining why they were rejecting me.

4. The University of Tokyo evaluating master’s to PhD extensions in the same framework as undergraduate to masters. MEXT givens them an amount of scholarships and it is up to the university to freely distribute them amongst both categories as they please. How could undergraduates on going to master’s perform better than master’s going on to Phd?

5. A section of the scholarship selection form that asks the student’s supervising professor to comment on the “suitability” of the student to go their other university in the case of changing educational institutes. Whilst my supervising professor did not write anything negative, the fact that this section exists at all is suspicious. There certainly isn’t a section for professors of students continuing at the same university to comment on the suitability of remaining at that university. It would be noted that the University of Tokyo has constantly be denying that they discriminate, despite one members of the international office initially giving me an unsure どうでしょうwhen I asked whether they would or not.

6. The University of Tokyo refusing to give me MEXT’s contact details when I raised the issue of being unfairly treated – they instead wanted me to write a useless 意見書 and attend 会議 in which they would continue to say 気の毒ですが without providing any helpful information. I was also given “thank you for your feedback” responses.

7. No effort on the university’s behalf to change the policy – instead, the “we are being forced to do this by MEXT” excuse was given.

8. When I confronted them about their behavior, they asked me “Why don’t you just apply for other scholarships?”. As I will mention below the University of Kyoto bars MEXT students from applying for any other scholarships that require university recommendation. This means that, even if an organization such as Rotary says that I am eligible to apply for their scholarship, the University of Kyoto would block me on the basis of being MEXT. They then ask about private ones, oblivious to how hard it is for foreign students to get scholarships to begin with, let alone those with a nationality that Japanese consider to be “rich”.

Now for Kyoto University:

1. Refusing to let MEXT scholars applying for extensions to also apply for other scholarships. Kyoto is well aware that there is no guarantee of an extension to begin with and that MEXT funding for the program has been decreasing in recent years, but this is still their policy. This means that if you are refused MEXT by your university and don’t have supportive parents who care about your education, you are pretty much screwed.

2. Not replying to my emails.

3. Not releasing the results of 学費免除 until after admission.

4. Not letting students access information about certain scholarships before admission.

5. Providing information contradicting information given by MEXT – When I complained to an international office within Kyodai, a woman told me that they had problems with the scholarship each year, but no matter how many times they told MEXT about the problems they were ignored. The MEXT official (who I finally got the address of without the help of Todai), denied hearing anything from Kyodai.

And next MEXT:

1. Refusing to care about the ethical issues and potential discrimination issues arising under their system. Their reply was along the lines of, “That is just the way it is” and “Thank you for your feedback.” When I pointed out that the system was affecting other students including myself now, and that we may have been evaluated by our universities based on their own personal agendas, he offered very little sympathy and said the “results could not be changed.”

2. Refusing to respond on numerous occasions to my emails.

3. Stating that “If your university did something unethical, but you have no choice than to be suspicious of them”. Refusing to investigate the university and refusing to attend one of Todai’s useless 会議 despite me giving them prior notice.

General:

1. A point that should be noted is that under the current system, a student at a rural university with very few exchange students could be granted a scholarship extension almost automatically simply because there was no competition. This would be granted despite students at other universities having better academic performance.

2. Potentially, students who went to Kyodai as undergraduates and chose to stay on at Kyodai could have been approved by Kyodai for extensions despite having lower marks than me (or other students in a similar situation), even though we were both destined for graduate school at the same university.

I am very interested to hear your thoughts on this. I think it goes without saying that I am absolutely furious, as I feel like I have worked incredibly hard for 4 years only to be evaluated under an ethically dubious system that leaves me at the mercy of a university that should have no say in whether I get a graduate school scholarship. It was like all three parties were purposely going out of their way to make things as difficult as possible. It appears as if MEXT doesn’t particularly care about who the scholarships go to, only that it goes to some foreign students and they as a result look good. It makes me wonder what Japanese nationals would think about having their tax monies misused in this way. I have confirmed that the system being fair or unfair really does not matter to them.

I have tried to complain to multiple entities outside of MEXT/the universities, but I have had only dead ends. Since the situation involves MEXT, I get the feeling that most organizations want to stay out of it. I have been considering taking legal action but am not sure if I can afford the costs associated with this or if I even have pretense to do so. A Japanese friend said that they thought I should at least have a case for defamation, but I don’t understand enough about education related unethical practices/discrimination in Japan to know for sure. Any advice at all you could offer would be greatly appreciated.

Sincerely, Anonymous

UPDATE: A diet member recently inquired to MEXT about the issue. Apparently, the reply they were given was along the lines of “it is the university’s decision and MEXT can’t interfere”. It seems that both parties are extremely skilled in dodging responsibility and blaming it on the other.

I have recently been considering whether or not I should reach out to other forms of media. My general impression is that Japanese media isn’t very interested in issues affecting minorities, but I was wondering if an English language media such as Japan Times would be potentially interested in the problem. Do you have any thoughts on this?

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

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SCMP: Japan needs thousands of foreign workers to decommission Fukushima nuclear site. High irony alert: First blame NJ, then have them clean up your deadly messes.

mytest

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Hi Blog. In the wake of renewed interest in nuclear disasters thanks to HBO’s miniseries “Chernobyl” (which I watched from more of a political science perspective than a popcorn disaster movie), I harked back to the Fukushima Nuclear Meltdown of 2011.

There was a similar outcome, in that the fiasco demonstrated the shortcomings of a system built upon institutional lying.  However, the main difference was that Fukushima helped bring down the government (the DPJ), but, unlike the Soviet system, not the architects of this corrupt system in the first place (the LDP), who remain in power stronger than ever.

But as far as Debito.org is concerned, the other big difference is that the Soviets didn’t import foreigners to do their cleanup. Unlike Japan, as Debito.org has pointed out for many years now — to the point where TEPCO not only tricked Japan’s poor or homeless into doing this dirty work, but also NJ asylum seekers!

The news is that the trickery has now become above-board.  TEPCO is taking advantage of a new visa regime (see item #1), designed to fill Japan’s construction sites and convenience stores, giving NJ laborers jobs that put them in harm’s way (after Japan ironically blamed foreigners for the fallout after 3/11 in the first place; see also here.)

Read on. Kudos to the SCMP for reporting on an angle the overseas media has largely ignored.  Debito Arudou Ph.D.

(PS.  Enjoy this Gaijin-handling propaganda video I found, with the obfuscating language of officialdom directly translated from the Japanese.  There’s even a scene clearly designed for foreign consumption of NJ being fed Fukushima fish!)

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Japan needs thousands of foreign workers to decommission Fukushima plant, prompting backlash from anti-nuke campaigners and rights activists
Activists are not convinced working at the site is safe for anyone and they fear foreign workers will feel ‘pressured’ to ignore risks if jobs are at risk
Towns and villages around the plant are still out of bounds because radiation levels are dangerously high
Julian Ryall, South China Morning Post, 26 Apr, 2019
https://www.scmp.com/news/asia/east-asia/article/3007772/japan-needs-thousands-foreign-workers-decommission-fukushima

Anti-nuclear campaigners have teamed up with human rights activists in Japan to condemn plans by the operator of the crippled Fukushima Daiichi nuclear plant to hire foreign workers to help decommission the facility.

Tokyo Electric Power Co (TEPCO) has announced it will take advantage of the government’s new working visa scheme, which was introduced on April 1 and permits thousands of foreign workers to come to Japan to meet soaring demand for labourers. The company has informed subcontractors overseas nationals will be eligible to work cleaning up the site and providing food services.

About 4,000 people work at the plant each day as experts attempt to decommission three reactors that melted down in the aftermath of the March 2011 Great East Japan Earthquake and the huge tsunami it triggered. Towns and villages around the plant are still out of bounds because radiation levels are dangerously high.

TEPCO has stated foreign workers employed at the site must have Japanese language skills sufficient for them to understand instructions and the risks they face. Workers will also be required to carry dosimeters to monitor their exposure to radiation.

Activists are far from convinced working at the site is safe for anyone and they fear foreign workers will feel “pressured” to ignore the risks if their jobs are at risk.

“We are strongly opposed to the plan because we have already seen that workers at the plant are being exposed to high levels of radiation and there have been numerous breaches of labour standards regulations,” said Hajime Matsukubo, secretary general of the Tokyo-based Citizens’ Nuclear Information Centre. “Conditions for foreign workers at many companies across Japan are already bad but it will almost certainly be worse if they are required to work decontaminating a nuclear accident site.”

Companies are desperately short of labourers, in part because of the construction work connected to Tokyo hosting the 2020 Olympic Games, while TEPCO is further hampered because any worker who has been exposed to 50 millisieverts of radiation in a single year or 100 millisieverts over five years is not permitted to remain at the plant. Those limits mean the company must find labourers from a shrinking pool.

In February, the Tokyo branch of Human Rights Now submitted a statement to the UN Human Rights Council in Geneva demanding action be taken to help and protect people with homes near the plant and workers at the site.

“It has been reported that vulnerable people have been illegally deceived by decontamination contractors into conducting decontamination work without their informed consent, threatening their lives, including asylum seekers under false promises and homeless people working below minimum wage,” the statement said. “Much clean-up depends on inexperienced subcontractors with little scrutiny as the government rushes decontamination for the Olympic Games.”

Cade Moseley, an official of the organisation, said there are “very clear, very definite concerns”.

“There is evidence that foreign workers in Japan have already felt under pressure to do work that is unsafe and where they do not fully understand the risks involved simply because they are worried they will lose their working visas if they refuse,” he said.

In an editorial published on Wednesday, the Mainichi newspaper also raised concerns about the use of semi-skilled foreign labourers at the site.

“There is a real risk of radiation exposure at the Daiichi plant and the terminology used on-site is highly technical, making for a difficult environment,” the paper said. “TEPCO and its partners must not treat the new foreign worker system as an employee pool that they can simply dip into.”

The paper pointed out that it may be difficult to accurately determine foreign employees’ radiation levels if they have been working in the nuclear industry before coming to Japan, while they may also confront problems in the event of an accident and they need to apply for workers’ accident compensation. TEPCO has played down the concerns.

“About 4,000 Japanese workers are already working on the decommissioning and clean-up work at Fukushima Dai-ichi,” the company said. “The amendment to the regulations on workers from overseas is a measure that creates more employment opportunities, including for foreign nationals with specific skills.

“In March, TEPCO explained the new regulations to its contractor companies involved in the clean-up work at Fukushima Dai-ichi and we have also confirmed that those companies will be in compliance with the regulations covering the safety of workers.”
ENDS

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

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

COMMENT FROM DEBITO:

  • Why does this debate matter?

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

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

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

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

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

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

  • Now, does this order of names matter?

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

It’s a matter of being consistent.

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

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

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

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

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

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

This brings me to something that further thickens the debate:

  • Caveats

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

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

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

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

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

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

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

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

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

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

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

Yours truly, Masden Kirk Steward — NOT!!!

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

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

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

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

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

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

To which Kirk answered:

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

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

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

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

Opening the floor now to discussion…

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

SCMP: “Japan: now open to foreign workers, but still just as racist?” Quotes Debito.

mytest

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Hi Blog.  As a follow-up to what I wrote for the Japan Times in my end-year column last January (see item #1), here’s the SCMP offering more insights into the issue of Japan’s new visa regimes and the feeling of plus ca change.  My comment about the article is within the article.  Debito Arudou Ph.D.

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

Japan: now open to foreign workers, but still just as racist?

Japan is opening its doors to blue-collar workers from overseas to fill the gaps left by an ageing population
Resident ‘gaijin’ warn that the new recruits – whom the government refuses to call ‘immigrants’ – might not feel so welcome in Japan
By Julian Ryall, South China Morning Post, 11 May, 2019
https://www.scmp.com/week-asia/politics/article/3009800/japan-now-open-foreign-workers-still-just-racist

Japan’s reluctance to allow foreigners to fill the gaps in its labour market has finally crumbled, as the country begins issuing the first of its new visas for blue-collar workers from overseas.

The first exams for applicants are being held in locations across Japan and also in Manila, following the introduction last month of new visa classifications that the government expects will lead to the admittance of more than 345,000 foreigners over the next five years.

Teething problems appear all but inevitable given the nation is famously insular, is not experienced with large-scale immigration and has a deep distrust of change.

Companies struggling to find enough employees as the population ages and fewer young people enter the workforce have broadly welcomed the new immigration rules – though there are still many who insist that the government has made a mistake and that local people’s jobs and social harmony are at risk. Ultra-conservatives, meanwhile, are railing at the potential impact on the racial purity of their island nation.

And there are foreign residents of Japan who fear the new rules may encourage even more overt discrimination against “gaijin”, or foreigners, than already exists. According to government statistics, there are 2.217 million foreign residents of Japan, with Koreans, Chinese and Brazilians making up the largest national contingents.

The new visa has two versions, both requiring a company to sponsor the foreign worker and provide evidence that he or she has passed various tests, including on Japanese language ability.

Fourteen industries – including food services, cleaning, construction, agriculture, fishing, vehicle repair and machine operations – are covered by the first visa, aimed at those with limited work skills. The worker’s stay is limited to five years, with the option of visa renewals, but they are not permitted to bring their family members to Japan.

The second type of visa does permit skilled workers to bring their families to Japan when they meet certain criteria, although this has led to domestic criticism that the administration of Prime Minister Shinzo Abe has opened the door to enabling immigrants to settle permanently in Japan, despite the government’s insistence they are only in the country temporarily and are not immigrants.

Industry analysts say the issue needs to be addressed urgently, although they also warn that the 47,550 visas that are expected to be issued in the first year of the new scheme, and the total of 345,000 over the initial five years, will still fall well short of what domestic industries require.

Japan’s open to foreign workers. Just don’t call them immigrants

“Government statistics and industry are both telling us that the labour market is completely empty,” said Martin Schulz, senior economist for the Fujitsu Research Institute in Tokyo.

“With the boom in the construction sector ahead of the 2020 Tokyo Olympic Games, companies are becoming desperate,” he said. “They are finding it very hard to fulfil their current project requirements and they are refusing to take on new projects.

“But in truth, Japan has no choice but to open up to foreign workers,” Schulz said. “Even with more automation and robots, there are simply not enough people.”

Yet there has been significant resistance among those who fear their jobs will be taken by foreigners who will work longer hours for lower wages, those who say outsiders will cause problems because they will be unable to assimilate into Japanese society or struggle with the language barrier.

The concerns about foreigners settling in Japan cut both ways, however.

Very often, according to French expat Eric Fior, it’s the relatively minor but persistent incidents of discrimination in Japan that get under his skin. Such as the time it snowed heavily one winter and the janitor of the building in Yokohama where he had his office shovelled the snow away from every door in the building. Except his.

Or the time he confirmed with the management of the property that he could have some flower boxes outside his office door, just like the other tenants, and he was given permission to do so. Three days after he positioned the flower boxes, the nearby tap he used to water them was disconnected.

He asked the janitor where it had gone and got a shrug in reply. As the man turned away, Fior could see the tap in his pocket.

“What can you do?” said Fior, 47. “Japan is such a polite country on the surface and everyone smiles and bows, but there are a lot of times when you get the sense that not far below the surface is the wish that us foreigners were just not here.

“But there really is little point in confronting them as nothing will get done and we just end up with the reputation of ‘foreigners who cause problems’,” he shrugged.

Reports of discrimination against the foreign community in Japan are countless and varied – from landlords who refuse to rent to non-Japanese for no apparent reason other than their nationality, commuters who refuse to sit next to a foreigner on a packed train or signs at the entrances to bars or restaurants baldly stating “No foreigners” – but a new study indicates the scale of the problem.

Conducted by the Anti-Racism Information Centre, a group set up by activists and scholars, 167 of the 340 foreign nationals who took part in the study said they had experienced discriminatory treatment at the hands of Japanese.

Replying to the study, a foreign part-time shop employee recalled a Japanese customer who did not like seeing foreigners working as cashiers, refused to be served by them and demanded Japanese staff. Another response to the study noted the case of a Chinese employee of a 24-hour store who was reprimanded after speaking with a Chinese customer in Chinese and ordered to only speak in Japanese.

Others reported being refused rental accommodation or denied access to shops.

Activists point out, however, that the Japanese government’s new regulations that relax visa requirements for workers from abroad mean that there will soon be tens of thousands of additional foreigners living in Japanese communities.

“It’s a net positive that Japan is bringing over more people, since that may help normalise the fact that non-Japanese are contributing to Japanese society,” said Debito Arudou, author of Embedded Racism: Japan’s Visible Minorities and Racial Discrimination.

“But it is disappointing that Japan still is not doing the groundwork necessary to make these newcomers want to stay and contribute permanently,” he said. “The new visa regime still treats these non-Japanese entrants as ‘revolving-door’ workers, with no clear path to permanent residency or citizenship.

“And – as the surveys seem to indicate – one fundamental flaw in these plans is that non-Japanese are insufficiently protected from the bigotry found in all societies,” Arudou said.

“Japan still has no national law against racial discrimination, remaining the only major industrialised society without one. Even government mechanisms ostensibly charged with redressing discrimination have no enforcement power.”

Tokyo needs to pass the laws that make racial discrimination illegal, empower oversight organisations and create an actual immigration policy instead of a “stop-gap labour shortage visa regime”, he said.

“At the very least, tell the public that non-Japanese workers are workers like everyone else, filling a valuable role, contributing to Japanese society and are residents, taxpayers, neighbours and potential future Japanese citizens,” he added.

Discrimination is arguably felt more by people from other Asian nations than Westerners, while even Japanese women are often described as second-class citizens purely as a result of their gender.

“I first came to Japan in the 1970s to attend university and, being from a third-world country, the Philippines, I encountered a few obstacles when I was looking for apartments,” said Joy Saison, who today has her own business and is a consultant to a French start-up company.

“Despite fulfilling the requirements for a Japanese guarantor and having bank statements, there were many occasions when I was refused,” she said. “Back then, going to an ‘onsen’ or restaurant with ‘gaijin’ friends was a pain, too. If none of us looked Japanese enough, we were refused entry right at the door.”

But Saison has a theory about racism in Japan.

“Japan has always been a homogenous society and so the default mindset here is that anything alien to them gets scrutinised and is not trusted,” she said. “But having a win-win attitude will get you on their good side.”
ENDS

===================
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Yomiuri: GOJ now requiring hospitals (unlawfully) demand Gaijin Cards from NJ as a precondition for medical treatment

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Hi Blog.  Related to recent discussions about public refusals of service for either not complying with (unlawful) demands for NJ ID, or denial of service anyway when people in charge arbitrarily decide a visa’s length is not long enough, mentioned below is a move by the GOJ to require hospitals demand Gaijin Cards etc. (as opposed to just requiring medical insurance cards (hokenshou), like they would from any Japanese patient) as a precondition for providing treatment to sick NJ.

Granted, the Yomiuri article below notes that for Japanese patients, the government is “considering” requiring a Japanese Driver License etc. as well, because the hokenshou is not a photo ID.  But once again, NJ are clearly less “trustworthy” than the average Japanese patient, so NJ will have more (again, unlawful) rigmarole first.

But there’s a deeper pattern in this policy creep.  Recall the “Gaijin as Guinea Pig” syndrome we’ve discussed on Debito.org for well over a decade now:  Public policies to further infringe upon civil liberties are first tested out on the Gaijin — because foreign residents even Constitutionally have much fewer civil liberties — and then those policies are foisted on the general public once the precedent is set.   So once again, the GOJ is taking advantage of the weakened position of NJ to assume more government control over society.

NB:  There’s also a meaner attitude at work:  Note in the last paragraph of the article below the echoes of 1980‘s “foreigners have AIDS” paranoia creeping into LDP policy justifications once again.  I say “mean” because the point would have been made by just stopping at “the person fraudulently used somebody else’s insurance”.  And I’m sure presenting a Gaijin Card would have fixed the AIDS issue!  (Not to mention that the GOJ apparently WANTS people to get AIDS screening, especially if they’re visibly foreign!)  Such ill-considered policymaking signals!

Meanwhile, don’t expect equal treatment as a patient if you get sick while foreign.  It’s official policy.  Debito Arudou Ph.D.

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

病院で「なりすまし防止」外国人に身分証要求へ
2018/11/18(日)  読売新聞, Courtesy of SendaiBen and MJ
https://headlines.yahoo.co.jp/hl?a=20181118-00050002-yom-pol

(写真:読売新聞)

政府は外国人が日本の医療機関で受診する際、在留カードなど顔写真付き身分証の提示を求める方針を固めた。来年4月開始を目指す外国人労働者の受け入れ拡大で、健康保険証を悪用した「なりすまし受診」が懸念されるためだ。外国人差別につながらないよう、日本人にも運転免許証などの提示を求める方向だ。

来年度にも運用を始める。厚生労働省が在留外国人への周知徹底を図るとともに、身分証の提示要請を各医療機関に促す。

国民皆保険制度を採用する日本では、在留外国人も何らかの公的医療保険に原則として加入することが求められる。保険証を提示すれば、日本人か外国人かを問わず、原則3割の自己負担で受診できる。ただ、保険証には顔写真がついていない。「別人かもしれないと思っても『本人だ』と主張されると、病院側は反論が難しい」(厚労省幹部)という。

自民党の「在留外国人に係る医療ワーキンググループ」が医療関係者や自治体から行ったヒアリングでは、なりすまし受診の実例が報告された。神戸市では不法滞在のベトナム人女性が2014年、日本在住の妹の保険証を悪用してエイズウイルス(HIV)の治療を受けていた。他人の保険証で医療費の自己負担軽減を受けることは、違法行為に当たる可能性がある。

ends

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

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Mark: New Discriminatory Policy by Rakuten Mobile Inc., now “stricter with foreigners”, refusing even Todai MEXT Scholarship Students cellphones

mytest

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Hi Blog.  Here’s another example of how unequal treatment in customer service, when predicated upon things such as visa status (which is in fact none of the company’s business), leaves NJ open to discrimination.  According to Submitter “Mark”, this is affecting people on Student Visas, where denial of service is apparently new and arbitrary.  He describes his experience at Rakuten Mobile below.  It’s tough enough for NJ to do the basics for life in Japan, such as open a bank account or rent an apartment.  Now NJ students can’t even get a cellphone from Rakuten.

Alas, this is in fact nothing new (I’ve written about, for example, cellphone operator’s NTT DoCoMo’s unequal policies before, which were so silly that they eventually abandoned them after the information came out in one of my Japan Times columns).  But it still should be known about, so people can take their business elsewhere, if possible.  Anyone know of an alternative cellphone company with less discriminatory policies?  Debito Arudou, Ph.D.

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

From: “Mark”
Subject: New Discriminatory Policy by Rakuten.
Date: April 26, 2019
To: Debito Arudou (debito@debito.org)

Dear Debito,

I would like to make public a New Discriminatory Policy being implemented systematically in Rakuten Mobile.

It seems that the company recently decided to deny the service to foreign customers.

I have living in Japan for 2 years. When I arrived, I applied online for their service and they accepted my application immediately. This week, I tried to make a contract online for 2 friends that just came to Japan. Their online application was rejected 3 times without providing the reason. I checked everything in their application and was correct. They uploaded their scanned residence card and the quality of the image was perfect. Also the contents of the application were correct.

Hence, we went to a Rakuten Mobile Store in Ikebukuro on the afternoon of April 23. They asked for their residence cards: after seeing the residence card they denied the service arguing that the company just established new rules and are now stricter with foreigners.

The 2 persons that were denied the service have a valid visa until April 2021 (2 years). They are graduate students at the University of Tokyo as me. They didn’t ask anything about the applicants. They just turned down the request based on being foreigners.

I asked the reason and the lady was ashamed and said that recently the Company has began to be stricter with foreigners. I replied back saying that 2 years ago my application was accepted under the same conditions and the lady was ashamed. It seems to be a new a discriminatory policy set by a well-known company.

I would like to explain things chronologically:

– April 19: Two international students enrolled at The University of Tokyo apply online for a SIM Card Plan only (they have cellphone already). I carefully checked their application since my level of Japanese is better. They got rejected. “Reason: Other” (理由:その他). In total, 3 attempts were done.

– April 23 (5.00pm): We went to Rakuten Mobile Ikebukuro Store (Telf. 03-5957-3051). A lady asked for their Residence Cards and consulted privately with other staff. She said: “Sorry. We cannot accept your application. Recently the Company began to be stricter with foreigners”.

I replied back: “Two years ago my application was accepted under exactly the same conditions as them. Why are they being rejected ?”

The Employee was really ashamed. She said “The Staying Time [在留期間] is not enough and the Company has become stricter with foreigners”.

My friends are MEXT Scholarship Students at The University of Tokyo with a mid-term visa valid From April 2, 2019 until April 2, 2021. Under the same conditions, I was accepted in Rakuten Mobile in 2017.

– April 25 (5.30pm): We visited Rakuten Mobile in BicCamera Akihabara. Again rejected. The only employee of Rakuten at that Branch said: It is NOT possible with this Visa.

We decided to try again and took a train to BicCamera in Kashiwa, Chiba-Ken. There, another MEXT Scholarship Student from The University of Tokyo got his SIM Card that same day few hours earlier. Another rejection! Surprised, I asked the reason(s). They said that my friend who went earlier had a “a few days more of validity” in his residence card and the system of Rakuten was issuing a rejection. My friend’s visa is valid from April 3 2019 until July 3, 2021 (3 months more than my friend rejected).

According to JASSO, there are 300,000 foreign students in Japan and 90,000 of them are enrolled at language schools. By law, their maximum period of stay is up to 2 years for life and they are usually granted visas of 1 year renewable. Other categories of students are also never granted more than 2 years. It seems that more than 50% of foreign students in Japan have Visa of 2 years of less. In essence, Rakuten Mobile seems to have established a new rule to deny service to most foreigners that hold a student visa.

That information can be verified at any Rakuten Branch in Japan but it is not disclosed online anywhere!  I didn’t ask for the written rules. It seems that it could be verified at any branch since is a nationwide ban on most foreign students. Interestingly, from October 2019 Rakuten will be a full Mobile Network Operator (MNO) at the same category as AU, Softbank and Docomo. My friends were not asking for installments to buy a new cellphone. They just wished to have a 3 Gb plan that according to Rakuten Mobile can be cancelled after 12 months without any fee . Anyways, Rakuten Mobile seems to be consistent in their rejection of foreigners.

I notified the Embassy of Japan in Venezuela (my native country) and they wished to investigate too. I hope the information could be useful to improve the situation. I regret that I didn’t ask the names of the employees and my friends seem to feel discriminated and disappointed as to go back to the stores! Their first experience in Japan in just few days after arriving! That reminds me of the United Nations Report written by Doudou Diène in 2006:

“The Special Rapporteur concluded that there is racial discrimination and xenophobia in Japan… The manifestations of such discrimination are first of all of a social and economic nature. All surveys show that minorities live in a situation of marginalization in their access to education, employment, health, housing, etc. Secondly, the discrimination is of a political nature: the national minorities are invisible in State institutions.”

Thanks for your attention and hard work! I always recommend your latest book and articles!

Sincerely, “Mark”

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

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

mytest

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

JUST BE CAUSE
justbecauseicon.jpg

ISSUES | JUST BE CAUSE

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

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

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

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

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

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

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

=============================
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XY: Hotel calls cops on NJ Resident at check-in for not showing passport. And cops misinterpret laws. Unlawful official harassment is escalating.

mytest

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Hi Blog. Let me forward this first and then comment:

//////////////////////////////////////
From: XY
Subject: My experience allowing the cops to be called after refusing to show my passport at a hotel as a foreign resident of Japan
Date: March 22, 2019
To: debito@debito.org

Hello Debito,

If you like, you can publish anything I have written here that feels useful, but please don’t publish my name.

Just now I tried using your website to avoid having my passport scanned at a hotel after it escalated all the way to the police. The short story is:

1. Just don’t do it, it won’t work. It’s not worth it at all.
2. The thing they finally got me with is that the hotel can scan (yes, scan) the driver’s licenses of Japanese citizens as well. I don’t know if this place actually does it but that’s actually a fair argument in my mind.

Since this was clearly a very serious case, three officers showed up, one head guy, one lower ranking guy who watched me while the head guy was on the phone, and one lady who took the report of the lady behind the reception desk before coming to watch over me as well. We went through part of the script for the residence card thing but I decided that that was a fight for another day.

The main officer showed me where it says 日本国内に住所を持たない外国人 in the law (actually the exact text of the law uses 有しない, I copied that from the MHLW website), and then I pointed out the obvious problem with that: I have an address in Japan. He said that the hotel had a right to refuse me if I didn’t identify myself.

I showed him the three reasons that hotels can refuse service. He tried to make an argument that it fell under the “public morals” part of clause 2, but when I pressed him on that even he agreed that it was a stretch. He went and talked on the phone for a while, but not before talking about searching my possessions, which I said was no problem. When he came back, he had written down the name of a certain law, which I’m sorry I don’t remember the name of, but it apparently allows hotels to scan IDs of its customers.

I gave up at that point, and my possessions were never searched. I gave my passport to be scanned and apologized to the police and apologized more profusely to the receptionist.

I have the feeling that if the cops that showed up were less nice, they would have found some reason to take me to the station. So I’m currently feeling very lucky. I won’t roll the dice again.

Thanks for standing up for foreigner’s rights in Japan. I did it because as a white dual citizen exchange student at a prestigious university, I have a higher standing in society than a Filipino migrant worker out in the countryside.

Sincerely, XY
///////////////////////////////

COMMENT: At the risk of appearing like I’m rubbing salt in a wound, it’s a pity that Submitter XY didn’t get the name of the law the cop cited.  Prepare for the next round of counterarguments for NJ Residents to use at check-in.

But the point still stands: When it comes to dealing with hotel check-ins, Japan’s police have been bending the law (if not simply making it up) for well over a decade. As recently reported on Debito.org (moreover reported to me off list by a NJ AirBnB owner friend), they’re also doing it now with AirBnBs allegedly under the new Minpaku Law.  Yet the cop above was, according to XY, clearly making the case that the hotel had the legal right to refuse service someone who didn’t show ID, which is simply not true under the law.  The law:  If you have an address in Japan, you don’t have to show ID, regardless of citizenship.

(And if you want to carry a file substantiating that you don’t have to show any ID as a resident of Japan, download it from here: http://www.debito.org/newhotelpassportlaw.jpg)

As Submitter XY would probably argue, the issue is now whether or not you are willing to stare down the police at the risk of being detained. (Under Japan’s system of arbitrary arrest and “hostage justice” brought to light by the Carlos Ghosn Case, no less.) I would. But it’s not for everyone, so be advised from XY’s experience what the stakes may be.

With the 2020 Tokyo Olympics around the corner (and the reflexive fearmongering that Japan’s officialdom reflexively does before they invite foreigners in for a visit), it’s clear Japan’s law enforcement and hosteling industry are amping up the enforcement regardless of the unlawfulness.  They are now on a mission to racially profile all tourists, especially those who “look” like tourists.  And this is how racism becomes further embedded.  Debito Arudou PhD

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

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Japan Today article:

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

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

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

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

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

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

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

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

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

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

Source: Nikkan Sports via My Game News Flash

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

Nikkan Sports original article, courtesy of AnonymousOG:

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

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

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

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

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

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

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

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

==================================
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Record 2.73 million NJ residents in Japan in 2018; media also shoehorns in mention of NJ crime, without mention of NJ contributions

mytest

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Hi Blog.  After a dip a few years ago, the population of NJ continues to rise, now reaching a new record, according to the Mainichi and the Yomiuri below.

This will probably continue, since, as I have noted in previous writings (see #1 here too), the Japanese Government is actively seeking to bring in NJ to fill perpetual labor shortages.  But as noted, it won’t be treated as an “immigration policy”, meaning these people won’t be officially encouraged to stay.  Nor will they be treated with the respect they deserve (as usual) for their valuable contributions to society.  As submitter JK notes, “Of course these reports aren’t complete without the obligatory linkage between ‘foreign’ and ‘crime’ (i.e. illegal overstayers).”  (The Yomiuri, true to form, puts that information in the very second sentence!)

When will the GOJ decide to give us some stats on how much NJ, as workers, contribute to the bottom line by keeping companies staffed and in business?  Or by paying taxes?  Other countries manage to come up with these kinds of figures, so why can’t Japan?  Well, because that would encourage regular folk to have justifications for seeing NJ as human beings, and wanting them to stay for reasons beyond facile curiosity/exploitation.  Can’t have that, can we.  Debito Arudou PhD.

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

Record 2.73 mil. foreign residents living in Japan in 2018
March 22, 2019 (Mainichi Japan), Courtesy of JK
http://mainichi.jp/english/articles/20190322/p2g/00m/0dm/087000c

TOKYO (Kyodo) — A record 2,731,093 foreigners were registered living in Japan at the end of 2018, up 6.6 percent from a year earlier, bolstered by a rising number of students and technical trainees, the Justice Ministry said Friday.

The government is expecting a further rise in foreign residents under a new visa system to be implemented next month with the aim of attracting more foreign workers amid a severe shortage of labor in the country.

Among registered residents, technical trainees numbered 328,360 or a jump by 19.7 percent from a year before, and foreign students stood at 337,000, up by 8.2 percent.

Based on nationality, Chinese made up the largest group with 764,720, followed by South Koreans at 449,634. Vietnam, which sends the most technical trainees to Japan, ranked third with 330,835 residents, up 26.1 percent.

The number of foreigners illegally staying in the country rose by 11.5 percent to 74,167 as of Jan. 1, the ministry said.

Of those, the largest group was South Koreans with 12,766, down 0.9 percent from a year earlier.

Vietnamese came second at 11,131, a 64.7 percent jump, followed by Chinese at 10,119.

Those with permanent residency constituted the largest group among registered residents at 771,568, up by 3 percent, although the number of registered Koreans with special permanent status decreased by 2.5 percent to 321,416.
ENDS

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

Foreign residents increase to record 2.73 mil.
March 23, 2019 Jiji Press/Yomiuri Shinbun, Courtesy of JK
http://the-japan-news.com/news/article/0005624612

TOKYO (Jiji Press) — The number of foreign nationals living in Japan as of the end of 2018 grew 6.6 percent from the year before to a record 2,731,093, rising for the sixth consecutive year, the Justice Ministry said Friday.

The number of illegal residents as of Jan. 1 this year jumped 11.5 percent to 74,167, up for the fifth straight year, the ministry said.

The increases in both categories chiefly reflected a rise in the number of people coming from Vietnam as technical trainees.

The number of foreign residents is projected to grow further as the government is slated to create new types of resident status next month in order to accept more workers from abroad.

By nationality, Chinese made up the largest group, at 764,720, or nearly 30 percent of the total number of legal foreign residents, including medium- to long-term stayers as well as specially permitted permanent residents.

South Koreans were the second most at 449,634, followed by Vietnamese (330,835), Filipinos (271,289) and Brazilians (201,865).

Vietnamese were the sole foreign nationality that marked double-digit growth, climbing 26.1 percent.

South Koreans topped the list of illegal foreign residents, though their number fell 0.9 percent to 12,766.

Vietnamese followed, surging 64.7 percent to 11,131. They include trainees who fled companies they were working for after finding it difficult to repay debts taken on to pay fees to malicious trainee-dispatch organizations at home, the ministry said.
ENDS

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

PS:  JK also sends further word about where many of these dreaded “foreign overstayers” might be coming from, and it’s not from the original work visa-ed imported labor force:

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

JK:  …apparently 東京福祉大学 (Tokyo University of Social Welfare) is practically hemorrhaging foreign overstayers:
Gov’t investigates 700 foreign students AWOL from Tokyo college <http://mainichi.jp/english/articles/20190318/p2g/00m/0dm/050000c>
Univ. campus inspected after 1,400 foreign students go AWOL <http://mainichi.jp/english/articles/20190326/p2g/00m/0dm/058000c>

PPS:  Here’s another reason why NJ workers go AWOV:

Probe reveals 759 cases of suspected abuse and 171 deaths of foreign trainees in Japan
BY MAGDALENA OSUMI, STAFF WRITER, THE JAPAN TIMES. MAR 29, 2019

A recent probe into Japanese firms using the state-sponsored Technical Intern Training Program to deal with acute labor shortages has revealed 759 cases of suspected abuse, including unpaid wages, the Justice Ministry said Friday.

The findings confirm growing concerns about the link between the interns’ working conditions and their disappearances from work. Last year, the number of missing foreign trainees rose to 9,052, compared with 7,089 the previous year. As of December, 328,360 foreign people were registered as technical interns.

The results of the probe showed that 231 interns weren’t paid overtime wages and another 58 were being paid below the legal minimum. One intern was paid only ¥60,000 per month during a 7-month stint and received an hourly payment of ¥700 for an average of 60 hours of overtime per month.

The ministry also found that 171 interns died while in the program between 2012 and 2017, the officials said. There were some 150,000 foreign trainees in 2012 and about 270,000 in 2017…

Rest at https://www.japantimes.co.jp/news/2019/03/29/national/probe-reveals-759-cases-suspected-abuse-foreign-trainees-japan-171-deaths/
=========================
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Fox on getting interrogated at Sumitomo Prestia Bank in Kobe. Thanks to new FSA regulations that encourage even more racial profiling.

mytest

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

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

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

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

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

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

T= teller
M=me

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

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

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

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

T: Well, things have changed since then.

M: Is that right?

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

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

(More pained looks)

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

M: Yes, that’s what I just told you.

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

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

M: What is the purpose of the question?

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

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

T: They didn’t?

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

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

T: Please be seated.

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

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

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

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

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

M: Uh-huh.

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

M: I certainly do not.

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

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

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

The teller looks bewildered.

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

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

In the end I succeeded and the money was sent.

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

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

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

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

Sincerely, Fox in Japan

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

The referenced Nikkei articles, for the record:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

=======================================
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“Gaikokujin Appetizer Charge” in Osaka Dotonbori restaurant? Debito.org investigates.

mytest

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Hi Blog. Debito.org Reader XY sends the following message:

/////////////////////////////////////////////
From: XY
Subject: Racist Izakaya Bill?
Date: January 6, 2019
To: debito@debito.org

Hello Debito,

Happy New Year and thank you so much for all that you do for our community here in Japan.

A friend of mine found this on a message board:

I haven’t been able to do a proper identification of authorship and all that comes with that. I understand proper evaluation of sources is, more than ever, really important. However, I don’t have that.

Anyway, I have the bill (if it hasn’t been doctored), and the post from the message board.

My Japanese is nowhere near good enough to do the proper investigation of this. But I know that this sort of thing would be big news, (if we weren’t living in Japan).

Please have a look if you get a chance. You are pretty much my last resort here as I don’t have the skills to properly investigate. We passed it through the usual channels, JET boards, etc. People are pretty conflicted. I think the restaurant should get a chance to respond. Maybe this type of thing is probably normalized anyway and maybe I am just overreacting. It’s interesting to me that this was a systemic choice, not the work of a single employee (often the case in the States).

Sincerely, XY
/////////////////////////////////////////////

From: Debito Arudou
Subject: Re: Racist Izakaya Bill?
Date: January 29, 2019
To: XY

Hi XY. Thanks for your email. I finally got around to talking to the Izakaya (06-6646-4888) on January 30, 2019, at around 2PM. The person in charge (a Mr. Tada) said that this was not an addition to the bill for NJ customers. The charge for appetizers there listed is the same for Japanese and NJ. It’s just their way of letting their records know that there was a foreign customer. That’s what he said. Anyway, FYI.

Sincerely, Debito
/////////////////////////////////////////////

From: XY
Subject: Re: Racist Izakaya Bill?
Date: January 30, 2019
To: Debito Arudou

Thank you very much for getting back to me! It’s great that you called to confirm this with them given the weirdness of the whole situation and wording.

At the very least, this puts it on their radar and they will think twice about their “record keeping” practices. A few of my friends were curious about this and I’ll be sure to let them know the result and that you were on the case!

Thanks again so much!!

Sincerely, XY

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