“Japanese Only” sign on izakaya bar in Naha, Okinawa (Okinawa Times and Japan Today). Removed after govt scrutiny and media exposure.

Posted on October 11, 2023October 12, 2023 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s the latest entry for the Rogues’ Gallery of Exclusionary Establishments, where a bar in Okinawa refuses all “customers from overseas” (=”Japanese Only“) to enter the bar. The difference is that the media took it up and ran them through the wringer of logic. Not to mention they faced government scrutiny, which history shows makes all the difference. It came out poorly for the bar, so they took the sign down. Good. Debito Arudou, Ph.D.

(courtesy Okinawa Times)

Okinawa pub posts ‘Japanese only’ admission sign based on some shaky logic

Oct. 6 06:00 am JST 116 Comments

By Casey Baseel, SoraNews24, courtesy of Eric

https://japantoday.com/category/national/okinawa-pub-posts-‘japanese-only’-admission-sign-based-on-some-shaky-logic?

TOKYO: Outside an izakaya (Japanese pub) in Naha, the capital city of Okinawa Prefecture, a notice had been posted the management. At the top was an illustration of a cute cheerful samurai, bowing deeply as in greeting, but the words below were decidedly less welcoming.

The first line of the notice, written in Japanese, translates to “Because our staff can only speak Japanese,” which is repeated immediately below in English. After that, though, the notice continued in English only, declaring: “Japanese Only (sorry) We don’t allow customers from overseas to enter our bar.”

▼ A photo of the notice

Bars with Japanese-customers-only policies aren’t unheard of in Japan, but they’re becoming increasingly uncommon in the modern age. Moreover, when you do come across such establishments, they’re generally dedicated bars, with menus almost entirely consisting of drinks, and often the presence of hostesses or “floor lady” pseudo-hostesses. Izakaya, on the other hand, are essentially restaurants, where customers are expected to order both food and drinks, and it’s competitively rarer for them to have such exclusionary admission policies.

[Ed: Clearly the author didn’t do much research.]

According to local newspaper Okinawa Times, the notice had been posted since at least a year ago, during which the management has turned away non-Japanese would-be customers. Eventually the sign came to the attention of two members of a Naha residents group that reported it to various government departments, including the Naha City Tourism Division and Okinawa Convention Bureau. This prompted a visit by members of the Tourism Division in August of this year in which they asked the owner to take the sign down, especially in light of increasing numbers of overseas travelers visiting Okinawa following the lifting of pandemic protocols, but the owner refused to do so.

The owner claims that the notice wasn’t meant to be taken as discriminatory intent, saying “We only have one person working the dining hall, and one person in the kitchen, so we don’t have time to spare for customer interaction. We have no intent of discriminating.” Coupled with the sign’s disclaimer that the staff only speaks Japanese, that would seem to indicate that the aim of the no-customers-from-overseas rule was to eliminate time-consuming communication problems, but if that’s really the case, the more appropriate policy would have been “Customers must order in Japanese.” It’s pretty short-sighted to make a blanket assumption that all non-Japanese diners will be unable to speak Japanese, given that the number of people living outside Japan who’ve still acquired some basic proficiency with the language is higher than it’s ever been, as is the number of non-ethnically Japanese residents of Japan, most of whom can order food and drinks in the language without difficulty. Even if the owner’s concern was foreign customers asking for changes in how their food is prepared, something far more common at restaurants outside Japan than within it, a sign saying “No menu substitutions allowed” would be sufficient and succinct.

With the sign getting increased attention, the owner has apparently rethought the Tourism Division’s request to remove it, and at some point in September it was taken down, with the owner saying “The writing was incorrect.”

However, he also added “What I want the government to do isn’t to try to attract travelers from other countries, but to teach people about izakaya culture.” But if what he really wants is a broader understanding of izakaya drinking and dining traditions, presumably on a global scale (since Japanese people are already familiar with those traditions), it’s hard to see how turning people away because they’re not Japanese was going to accomplish that.

Source: Okinawa Times

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

Japanese from Okinawa Times
入店拒否の張り紙。英語で「スタッフが日本語しか話せないため／日本人のみ（ごめんなさい）／海外からのお客さまは入店させません」と記す＝９月、那覇市
沖縄タイムズ　2023年10月2日 Courtesy of KM and JK
https://www.okinawatimes.co.jp/articles/-/1232333

那覇市の居酒屋が入り口に「ジャパニーズオンリー」と書いた紙を張り、外国人の入店を拒否していた。国籍による違法な差別で、市民グループが気付き、行政に相談した。現時点で店側は張り紙を取り外しているが、客や通行人を傷つけていた事実は残る。行政による支援や啓発の必要性も浮かぶ。（編集委員・阿部岳）

張り紙は「スタッフが日本語しかしゃべれないため」と書き、さらに英語で外国人の入店禁止を伝える内容。１年ほど前に張り、実際に入店を断ったこともある。拒否された客は「非常に悲しい」とネットに投稿している。
経営者は「ホール担当１人、キッチン担当１人で接客に時間を割けない。差別は意図していない」と主張する。

ただ、国籍だけを理由にした入店拒否は人種差別撤廃条約に反する。静岡地裁浜松支部は１９９９年、街頭の店舗は一般に開放されていると指摘し、外国人の入店を拒否した宝石店に損害賠償を命じた。

那覇市の居酒屋の張り紙を偶然見つけた市民グループの２人は、市の各部署や沖縄観光コンベンションビューローに相談して回った。「沖縄カウンターズ」のメンバーは「これを見た外国人がどれだけ傷つくか。でもいきなり炎上させるのではなく、行政も一緒に円満に解決したかった」という。

相談を受けた市観光課は８月、店を訪問し、「観光客が増える中、好ましくない」と撤去を打診したが、店側は応じなかった。市の担当者は「権限がなく、お願いしかできない」と説明する。

最終的に本紙が９月、取材に訪れると、経営者が「文面は間違っていた」と撤去した。一方で「行政はただ海外客を呼ぶのではなく、居酒屋文化を伝えてほしい」と求める。

問題解決に向けて行政にかけ合ったもう１人、「多文化ネットワークｆｕふ！沖縄」のメンバーは「観光行政も人数や収入だけでない、文化の相互理解につながる観光を目指してほしい。店側が相談できる場所も必要ではないか」と投げかける。

４月に施行された県差別のない社会づくり条例は、事業者に差別解消に向けた努力を求めている。条例の検討委員だった白充（ペクチュン）弁護士は「国籍のみを理由とした入店拒否は条例に抵触しており、実効性が問われる。県民一人一人の意識変容に加え、県が周知徹底する努力も必要だ」と話した。
ENDS

======================
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My latest SNA Visible Minorities column 44: “Interview with Jon Heese: Life Lessons from a Naturalized Japanese Politician”, March 20, 2023

Posted on March 20, 2023 by Debito Arudou, Ph.D.

mytest

Hi Blog My latest SNA VM column 44, which came out today, is an interview with Jon Heese (pronounced Hayes), a naturalized Canadian-Japanese and elected Tsukuba City Councillor of twelve years. A Caucasian Visible Minority of Japan, Heese has long been advocating that other Non-Japanese Residents naturalize and run for office in Japan like he did.

This interview took me more than a decade to secure, as I first invited Jon to interview back in the early 2010s. This time he contacted ME for the interview, so I felt less guilty about serving up some non-softball questions. Excerpt:

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

Debito Arudou: Hi Jon. Please introduce yourself as you’d like to be seen by your voting and non-voting public.

Jon Heese: Obviously I would like them to see me as a combination of Brad Pitt and Nelson Mandela. But I would be satisfied if they only see me as someone who is doing his best. I’m left of center on social issues and a fiscally conservative social democrat. This means freedom for people to be who they are within the structures of society. Businesses should also be free to function within a social structure. And I underline social. Businesses function within society. They are not entities unto themselves. It is the community that is educating their workers, building their infrastructure, and protecting their property. Businesses need to pay their taxes and stop trying to privatize profits while socializing risks. Fundamentally, governments should be in the business of regulating, not competing with legitimate businesses…

Debito Arudou: Woah, woah, woah. I asked how you wanted us to see you, and you’re starting to give us us your personal philosophy of government. Okay, but I was asking more: “Where are you from, and what do you do?” Let’s back up a sec and get into that.

Jon Heese: Silly me. As a good politician I’ll blame someone else for my misunderstanding. Okay. So, who am I. I’m a small town boy from Wymark, Saskatchewan, Canada, population 175. If you’ve ever seen Dances with Wolves, that’s pretty much what the area looks like. I’m from a family of eleven kids (six adopted). My family moved around a lot due to my father’s career as a Mennonite preacher. I spent about two years as a kid in central Kansas, and after high school I went to Europe for two years to see a bit of the world. I then attended the University of Regina and graduated with a Bachelor of Music Education. In 1991 I landed in Narita looking for one of those sweet English teaching jobs I’d heard so much about. I got a bunch of crap jobs, but they paid the bills. Eventually I ended up in Tsukuba, Ibaraki, a city about 60 kilometers north of Tokyo with a population of about 150,000 at the time. Eventually I understood that students didn’t really want to learn English so much as have an hour of entertainment with one of them movie star types. In the end I lasted about six years in the English biz. By ‘97 I was burned/bummed out and could already see the writing on the wall. The Bubble was bursting. Pay was in decline and finding students was getting harder. Besides which, after six years I had hardly learned any Japanese. I knew I needed to find a job where I would be forced to speak Japanese. I opened a bar and ran that for seven years. Then I opened an import company to supply the many foreign researchers in Tsukuba and rewrite papers for the Japanese researchers. I also did a bunch of acting for TV and movies. Eventually I got into politics at the city level.

Full interview at https://shingetsunewsagency.com/2023/03/20/life-lessons-from-a-naturalized-japanese-politician/

Miyazaki International College cut their elderly professors’ salaries by 20%. After a 7-year battle, Fukuoka High Court rules this illegal. A victory for foreign plaintiffs too.

Posted on December 15, 2021December 15, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. A friend sends word that his group of plaintiffs, some of whom are Non-Japanese, won their lawsuit against a university employer that had been ongoing for seven years.

In his words:

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

December 9, 2021

If you are getting this notice, it’s because you contributed in some way to our win in this case so CONGRATULATIONS! A few of you contributed massively, putting in many many hours of work, some helped by providing data or a letter we could submit to the court to counter MEI lies, or helped with translation, or showed up in court, or are union members who voted for funding. Some of you spread the word about the case. Some just said, “Gambatte!” when we needed it.

My point here is it took a long term (7 years for some of us!) team effort by dozens of us to finally succeed, and succeed we did in the high court. We could not have achieved a better outcome…

MEI has two weeks to appeal to the Supreme Court. And they might. That’s for them to worry about, not us.

In terms of money, I won all of my back pay, plus 5% interest, plus court fees that I had paid. I was not compensated for attorney fees, or mental anguish. We have no anchor website for this issue.

The main reasons we won were:
1.) MEI failed to negotiate in good faith with the union about the cut
2.) They had no real financial need to reduce salaries
3.) There was no reduction in workload or other compensation for the reduction in pay.

Flyer we made public:

COMMENT FROM DEBITO: This matters because there’s a long tradition in Japan of Academic Apartheid, where foreign academics in higher education are given contracted status (increasingly, term-limited) while Japanese-citizen academics are given uncontracted, permanent tenure from day one of employment. This is probably the oldest issue we’ve taken up on Debito.org, and it’s only gotten worse over the quarter-century of coverage: Instead of more foreign academics becoming tenured like Japanese, the trend is to “gaijinize” the Japanese faculty (as a money-saving effort encouraged by the Ministry of Education all the way back in 1995) by putting them on contracts, eliminating tenure in an attempt to clean out disagreeable leftists from Japan’s universities.

MEI’s move to put everyone above a certain age on a different lower pay scale (Japanese and foreign) was a line the Fukuoka High Court was not willing to allow under the law. Good to have that precedent set. Conclusion: Join a union if you’re working in Japan. Then fight these things in court as a union.

Despite this being important news for Japan’s academics, it hasn’t made the English-language media. So let me translate the Mainichi’s brief on this. Debito Arudou, Ph.D.

//////////////////////////////////////////////////////////
未払い賃金訴訟、元教授が逆転勝訴　「不利益大きい」　高裁宮崎支部
毎日新聞　2021/12/10 Courtesy of one of the plaintiffs
https://mainichi.jp/articles/20211210/k00/00m/040/049000c.amp

給与基準改定による年俸の2割減額は労働契約法に反し無効だとして宮崎国際大学（宮崎市）元教授の60代米国人男性が学校法人宮崎学園に対し、改定前との差額の未払い賃金約425万円の支払いを求めた訴訟の控訴審判決で、福岡高裁宮崎支部は8日、請求棄却した3月の1審・宮崎地裁判決を取り消し、男性側の請求を全て認めた。

判決によると、元教授は2000年に有期雇用の講師として採用され、契約更新しながら勤務し続け17年に教授に昇進。20年に退職した。学校法人側は15年、厳しい財政状況を理由に有期雇用教職員の60歳以降の年俸を従前の2割減に改定。元教授も減額対象となったが、不利益が大きく合理的と認められないとした。

高橋亮介裁判長は「教員間の不均衡もあり、減額に伴う不利益緩和のための経過措置や代償措置も取られていない」と法人側の主張を退けた。【塩月由香】

Unofficial translation:

Unpaid Salaries Lawsuit: Former Professors see their prior decision against them overturned: “This is a huge disadvantage” says Fukuoka High Court Miyazaki Branch

Mainichi Shinbun, December 10, 2021, translation by Debito, corrections welcome.

Due to a revision in the basic salary levels, Miyazaki International College cut their former professors’ base salaries by 20% once they reached sixty years of age. Plaintiffs sued their employer, Miyazaki Gakuen, for breach of labor contract, and demanded they pay 42,500,000 yen of unpaid salaries based upon their previous contract status. Upon appeal, on December 8 the Fukuoka High Court overturned the Miyazaki District Court’s prior ruling, and awarded the plaintiffs all of their claims.

According to the decision, the former professors were employed on contract status as instructors from the year 2000, and over 17 years of contract renewals they achieved the rank of professor. They retired in 2020. According to the college, in 2015 they claimed financial distress and revised the base salary to cut 20% from all contracted educators over the age of sixty. This pay cut also affected the former professors in question, and the court would not acknowledge the rationality of the cut due to it being overly disadvantageous to plaintiffs (furieki ga ookiku gouriteki to mitomerarenai to shita).

Head Judge Takahashi Ryousuke said, “For the educators this is disproportionate, and the university did not even take measures such as other compensation that would alleviate the disadvantages that come with such a pay cut,” dismissing the college’s claims. ENDS

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

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Senaiho Case against Yamanashi City for “Hair Police” school bullying: A very rare victory for the Plaintiffs! (UPDATE: Full court decision attached)

Posted on November 30, 2021December 15, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. I’m still on writing hiatus (except for my monthly SNA columns) after the release of my Second Edition of “Embedded Racism” (Meanwhile, Debito.org Readers are contributing noteworthy articles to the Comments Sections of the Debito.org Newsletters.)

But let me emerge to report from Senaiho, on his case of school bullying against his multiethnic daughter in 2018. We’ve covered it for years on Debito.org (original Senaiho post here, then Updates One, Two, Three, Four. and Five), and it’s gone from a criminal case against his daughter’s assailants (which Senaiho lost last May 2021) to a civil case against the authorities (for mental duress from official negligence). After three years of this rigmarole, we’ve just heard that he won the civil case. His briefing follows.

UPDATE DEC 15, 2021: Here is his full court decision text, redacted. PDF. 23 pages. Click on: SenaihoHighCourtDecision2021

Although the court award is a pittance (it almost always in the cases of racial discrimination), it still holds the authorities culpable. Congratulations on setting another positive precedent, Senaiho and family! Debito Arudou, Ph.D.

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

From: Senaiho
Subject: Judgment in our case against the city of Yamanashi
Date: November 30, 2021
To: “Debito Arudou Ph.D.” <debito@debito.org>

Hello Debito,

We finally have it. I am sorry it was not in time to be included in the latest edition of your excellent book. Maybe next time.

In the final judgment in our civil case against the city of Yamanashi and the school system, the court awarded 110,000 yen to us, the plaintiffs. A bitter/sweet, long and hard fought victory.

First the positives. Any judgment against a public entity in Japan is almost unheard of. In 99% of the cases of suits brought against a public entity, the private party almost always loses. It is so rare that the government does not even keep statistics on it, and they keep statistics on everything. There really is no point of reference for those not familiar with the legal system in Japan. It is hard to even find anything to compare it with in other countries, especially the US, where everybody sues everybody. The reason for this is because the court and everyone who works at and for them are all public officials themselves. To render a judgment against another public entity would be akin to shooting oneself, so to speak. This is also why judgments are always a pittance against any public official in Japan in the rare cases where there are any.

In the brief of the judgment the court found the teachers/school and city of Yamanashi liable for the damages of cutting our daughter’s hair. There are laws against doing this, the history of which I will not go into. It vindicates us as parents, who were put to public shame and blamed for the fact that our daughter was bullied. She also received some satisfaction for having been teased to the point of desperation that resulted in her unable to attend school for several years while receiving treatment. It also vindicated her from the some of the extensive damage to her self-esteem. Unfortunately, these scars she will most likely carry for the rest of her life. No mention was made of the root causes of her having her hair cut; racism and abuse against her for the sin of being born from a mixed racial couple.

Our lawyer gets to celebrate a rare victory for any legal professional in Japan. A judgment of any kind against a public entity will most likely propel him into the rare air of lawyers in Japan who have won judgments against public officials. He will most likely get appointed to various prestigious committees and professional elite boards. A boost for his career. Good for him.

The downside of our small victory is that it is small. One judgment in a regional court in Japan changes nothing really. There will be some media coverage for a little while. After that dies down, the bullies will continue to bully, the racists will continue to rant, and the public officials will continue to cover up their culpability. The amount of the judgment itself is an insulting pittance, and does nothing to deter anyone from the actions that caused it. It is just a spit in the street for public officials who have no personal skin in it anyway. They get to go on with business as usual. We get to pick up the pieces of our lives. Unless the city of Yamanashi appeals the judgment (actually I kind of hope they do) we get to carry on, older but wiser? Hmm, not sure about the wiser part.

Thank you again to everyone here at Debito.org who supported us with your encouragement and prayers.

Senaiho

The bullying haircut, as demonstrated in court by Senaiho. Image courtesy of Bunshun and Senaiho.

Debito’s SECOND EDITION of “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books, 2022), fully revised and updated, now on sale

Posted on November 15, 2021November 16, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. The new SECOND EDITION of “Embedded Racism” (Lexington Books, 2022), completely revised and updated with 100 extra pages of new material, is now on sale.

Information site outlining what’s new, with excerpts and reviews, and how to get your copy at a discount at

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

(Or you can download a flyer, take it to your library, have them order the book, and then borrow it for free at EmbeddedRacism2ndEdFlyer)

Read a sample of the book on Amazon here.

Front Cover:

Full cover with reviews:

Debito Arudou, Ph.D.

2018 United Nations CERD Report (CERD/C/JPN/10-11) still mentions Debito.org’s works: “Foreign nationals and individuals with a foreign appearance have reportedly been denied entry to and services of certain privately owned facilities like hotels and restaurants that otherwise serve the public, including through the posting of signage reading ‘Japanese only’.”

Posted on September 6, 2021September 6, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s something that makes me smile. The 2018 United Nations CERD Report (CERD/C/JPN/10-11) includes something that might not otherwise be there — had Debito.org not taken up the task of describing and cataloging discrimination for the past 25 years (back when people were even denying that racial discrimination actually happened in Japan!).

Everything mentioned in the UN excerpt below is covered in my book Embedded Racism in Japan (Lexington Books, 2015). But especially close to my heart is the text enlarged below.

One of my lifetime goals is leaving the planet a better place than when I arrived. This feels like proof that we at Debito.org have done something positive. Debito Arudou, Ph.D.

/////////////////////////////////
United Nations
CERD/C/JPN/CO/10-11
International Convention on the Elimination of A ll Forms of Racial Discrimination
Distr.: General
26 September 2018
Original: English
Committee on the Elimination of Racial Discrimination

Concluding observations on the combined tenth and eleventh periodic reports of Japan

1.The Committee considered the combined tenth and eleventh periodic reports of Japan (CERD/C/JPN/10-11), submitted in one document, at its 2662nd and 2663rd meetings (CERD/C/SR.2662 and 2663), held on 16 August and 17 August 2018. At its 2676th meeting, held on 28 August 2018, it adopted the present concluding observations.

[skip down to page seven]

Situation of non-citizens

33.The Committee is concerned that:

(a)Non-citizens have reportedly been denied housing and employment because they are foreign nationals;

(b)Foreign nationals and individuals with a foreign appearance have reportedly been denied entry to and services of certain privately owned facilities like hotels and restaurants that otherwise serve the public, including through the posting of signage reading “Japanese only”;

(c)Non-citizens, in particular Koreans, continue to be excluded from the national pension scheme because of the age requirement;

(d)The State party has not yet amended its legislation to allow non-citizens to be eligible for basic disability pensions;

(e)Non-citizens and long-term foreign residents and their descendants remain excluded from public positions that engage in the exercise of public authority or public decision-making because they do not have Japanese nationality;

(f)Some permanent residents must obtain a permit to re-enter the country prior to departing, even if they are only leaving for one day, while others do not need such a permit.

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

34. Bearing in mind the Committee’s general recommendation No. 30, the Committee recommends that the State party:

(a) Ensure access to housing and employment to non-citizens and foreign nationals without discrimination ;

(b) Create and enforce legislation against the posting of discriminatory signs and the practice of excluding public services by privately owned facilities, such as hotels and restaurants, to persons on the basis of being a foreigner or of foreign appearance;

(c) Ensure that non-citizens are included in the national pension scheme ;

(d) Amend legislation to allow non-citizens to be eligible for basic disability pensions ;

(e) Allow non-citizens, especially long-term foreign residents and their descendants, to have access to public positions that engage in the exercise of public authority or public decision-making ;

(f) Eliminate the permit requirement prior to departure for some permanent residents so that they may enter and exit the country in the same manner as other permanent residents ;

(g) Consider ratifying the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

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

Full report downloadable in several languages at:
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CERD/C/JPN/CO/10-11&Lang=En

ENDS

Karst Campsite in Okinawa has “Only Japanese” rules due to Covid. Another one for the pile. UPDATE: Rules have been amended to exclude people who can’t “understand Japanese properly”.

Posted on August 26, 2021August 27, 2021 by Debito Arudou, Ph.D.

mytest

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

Hi Blog. Covid strikes again. Here’s a campground in Okinawa that says that foreigners can’t make reservations there due to Covid. Screen capture from https://karstcampsite.com/facility/

KARST CAMP SITE

〒905-0219 沖縄県国頭郡本部町字山里東屋比久原1381番地

050-6864-3379, email karstcampsite115@gmail.com

https://karstcampsite.com/facility/ Courtesy of SJ

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

COMMENT: I’ve said this many times before, but associating contagion with nationality is unscientific. Again, because a) there are Non-Japanese residents who live in Japan the same as Japanese, exposed to the same risks of contagion as Japanese, b) there are few foreigners in Japan from overseas at the moment due to the mostly-closed border controls, and c) chances are that foreigners who do come in from overseas are better vetted (not to mention more likely vaccinated due to better jab regimes overseas) than Japanese.

So there is no scientific reason to put up a rule like this. There is, however, plenty of reason if you’re a xenophobe, like so many people who reflexively put up “Japanese Only” signs are, and will use any excuse (including foreign “health scares” from SARS and AIDS) to justify, even if they are a health care provider. These are the people we will continue to expose for the record on Debito.org. Adding to the pile. Debito Arudou, Ph.D.

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

UPDATE AUG 27, 2021: The campsite has changed their rules. As MM reported on FB, after telephoning them (anonymized):

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

MM: Well, I did call them now and asked them if I can use the camp site […]

They answered me that the biggest reason was that their terms & co is only in Japanese, and there are no English speaking staffs so they were afraid that they cannot communicate with the customers and ask them to follow the rules. They wrote “because of COVID” because they couldn’t explain it well in English on their website, and thought that people would understand if they wrote so.

So, in my case they said I could make a reservation because I have no problem communicating in Japanese.
It does say 電話で要相談, so it seems that they aren’t shutting down all foreigners and there are acceptable cases.

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

Of course, that’s not what Karst’s website said, excluding all foreigners by resorting to the racist trope that foreigners have disease. So this morning, they amended it to “we can take a reservation for someone who can understand Japanese properly Because you need to understand our rules correctly.”

https://karstcampsite.com/facility/. Courtesy of EK.

Because of course, campsites are fraught with danger, and one language miscommunication and all goes to hell. After all, foreigners don’t know how to camp if they can’t “understand Japanese properly”. And that’s after they decided in good faith just to blame Covid. — Debito

“Japanese Only” doctors: “Fast Doctor” House Call Service in Tokyo (which takes foreign traveler insurance) closed to all foreigners due to Covid. Hippocratic Oath? UPDATE: The “Japanese Only” rule has been removed.

Posted on August 14, 2021August 29, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. Another casualty of the Covid scare in Japan has been the Hippocratic Oath, where this English-language medical service called Fast DOCTOR (see Japanese site, and English site) (where a doctor will make house calls for a flat fee of 50,000 yen) is now closed to all foreigners. Screen captures of the English site follow.

You can comment below about the rather odd things about the English site (including the iStock photos of non-Asian practitioners, and the testimonials at the bottom without a single recommendation in English). But the fact remains that this medical service is contravening their medical oath to treat all patients. Second, the “foreign” patients they are likely to treat (especially in this time of strict Covid checks at the border and better vaccination programs overseas) at this time are less likely to be infected by the pandemic than the average Japanese patient. Finally, it of course assumes that foreigners who read English are travelers, not Japan residents. Given all of these things that defy both good physical and social science, I wonder what kind of medical care they offer in the first place. Debito Arudou, Ph.D.

UPDATE: A defender of these practices steps forward below to gaslight, claiming “FastDoctor continues to offer its services to foreign residents of Japan.” See comments section for this blog entry.

(Screen captures of their English site follow, courtesy of EG. FYI, their Facebook page is https://www.facebook.com/fastdoctor.tokyo/)

UPDATE AUGUST 29, 2021: FastDoctor’s website has been amended to remove their “Japanese Only” rules. I have received no notification or justification for this from the company. (I simply rechecked their website as a followup. But it’s gone. File under another exclusionary sign disappearing when social shame is brought to bear. –Debito

Screen capture from https://fastdoctor.jp/global/

Celebrating 15 Years of the Debito.org Blog (June 17, 2006-2021)

Posted on June 16, 2021June 17, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. Today celebrates 15 years since the Debito.org Blog went live. (The Debito.org Website as a whole, however, went live in 1996, and we celebrated that quarter-century of online activism earlier this year on April 15 with this post.)

The Debito.org Blog was created in addition after a friend named Jim suggested that a WordPress template would make things a lot easier for me to respond to and archive daily events in real time. He was right.

The Blog’s first post was the Debito.org Newsletter of June 17, 2006, with the headlines:

//////////////////////////////////////////////////////////////////
1) “DANGER! HUMAN RIGHTS PROTECTION LAW” MANGA TRANSLATED
2) “ILLEGAL FOREIGN LABOR MONTH” SIGNS UP AGAIN IN SHINAGAWA STN
3) TOKYO PRESS CONF JUNE 22: HAMAMATSU MAYOR KITAWAKI
4) JT ON REINSTITUTION OF FINGERPRINTING, AND RESPONSE
5) KOFI ANNAN ON JAPAN’S NEW IMMIGRATION LAW
6) KOFI ANNAN ON MIGRANTS
7) JOHN EDWARD PHILIPS ON ACADEMIA AND MONOCULTURALISM IN JAPAN
//////////////////////////////////////////////////////////////////

This might give you some idea of how much things have and have not changed over the past decade and a half.

As of today, in addition to the Debito.org original Website (which is still up, of course; artery site here), as of this morning the Blog alone has 2,935 individual posts by me (amounting to 16,703 pages) and 34,737 individual comments (of which only 862, or less than 2.5%, are mine).

That’s about one post every two days on average, and about 12 comments per post. That’s an active blog by many definitions, and still going strong. And materials archived here been cited in various newspapers, journals, and books. People take it seriously.

Long may it continue. While I’m limiting myself to posting here about once a week (I’ve got other writing projects, one big one due by the end of this month), I don’t see myself giving up the Debito.org project anytime, ever.

By now, it’s just what I do.

Debito Arudou, Ph.D.

NHK: Ibaraki Public Health Center targets foreigners as vectors of Coronavirus, then retracts discriminatory claims as “misleading” and “inappropriate”

Posted on May 22, 2021January 11, 2022 by Debito Arudou, Ph.D.

mytest

Hi Blog. There’s a bit of a flap at the moment about defeated revisions to Japan’s Immigration rules due to the awful death by official negligence of a NJ detainee, but this will take more research and write up on my part as a separate blog entry. (Debito.org Readers are already discussing it here.). I’ll get to it shortly, as I’m deep into a different writing project right now. Meanwhile, let me put up this quickie for the record:

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

Ibaraki health center warns ‘many coronavirus patients infected by foreigners’
BY TOKYO REPORTER STAFF ON MAY 22, 2021, Courtesy of Niklas and TG.
https://www.tokyoreporter.com/japan-news/ibaraki-health-center-warns-many-coronavirus-patients-infected-by-foreigners/

IBARAKI (TR) – A health center in Itako City this week retracted an “inappropriate” advisory that stated foreigners are the source of an increase in novel coronavirus infections, reports NHK (May 22).

On May 19 and 20, the Itako Health Center distributed the notice by email to agricultural cooperatives and city halls within its jurisdiction.

The document stated, “There are many coronavirus patients likely infected by foreigners.”

It advised, “If you talk to a foreigner, wear a mask. As well, please do not eat with them.”

On May 21, the health center and the Ibaraki Prefectural Infectious Disease Control Division retracted the document. “The document’s content was inappropriate,” they said.

“Though we had no intention of discriminating against foreigners,” the Itako Health Center told NHK, “we are sorry if any of the expressions were misleading.”

Shohei Sugita, a lawyer who supports the rights of foreigners, points out that Article 14 out the Constitution does not permit such distinction based on nationality since it leads to discrimination.

“Distinguishing between Japanese and foreigners may give the impression that infections are spreading only due to foreigners, which is very disappointing,” said Sugita.

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

“外国人と食事しないように”感染予防啓発文書に保健所が記載
NHK News 2021年5月22日 5時30分, courtesy of Jaocnanoni, RO, MMT, BS, and others
https://www3.nhk.or.jp/news/html/20210522/amp/k10013044921000.html

茨城県の保健所が外国人が働く農家に対して新型コロナウイルスの感染予防を呼びかけた文書に「外国人と一緒に食事をしないように」などと書かれていたことがわかりました。保健所は内容が不適切だったとして文書を撤回しました。

茨城県の潮来保健所によりますと、今月19日から20日にかけて、新型コロナウイルスへの感染予防について外国人が働いている農家に向けた文書を保健所の管内の農協や市役所にメールで送りました。

この文書には「外国人から感染した可能性が疑われる新型コロナウイルス患者が多く発生している」と書かれています。

そのうえで「外国人と会話するときは必ずマスクをつけてください」とか、「外国人と一緒に食事をしないようにしてください」などと書かれていました。

「文書の内容は不適切」と撤回

文書を出したあと外部から保健所に「不適切ではないか」との指摘があったということで、茨城県感染症対策課と潮来保健所は21日、「文書の内容は不適切だった」として文書を撤回しました。

潮来保健所はNHKの取材に対し「外国人を差別する意図は全くありませんでしたが、誤解を招く表現があったとしたら申し訳ありませんでした」と話しています。

今回の文書について外国人の支援活動を行っている杉田昌平弁護士は「行政が外国人と明示して差別を助長させかねない表現をすることは憲法14条の法の下の平等の原則に照らしてもあってはならない。日本人と外国人を分けて表現したことは外国人にのみ感染が広がっているような印象を与えかねず、大変残念な表現だ」と話しています。
ENDS
///////////////////////////

COMMENT: “Misleading”?! “Inappropriate”?! “Unintentional”?! How about unscientific and discriminatory, especially for an official bureau safeguarding public health that should know better? But given what we know at Debito.org about Japan’s constant “Blame Game”, used to distract from official policy errors and scapegoat Non-Japanese for just about anything, we could see it coming.

The bigger surprise is how quickly NHK jumped on this so quickly and got it retracted. Bravo. Media watchdogs are supposed to look out for the general public, including Non-Japanese Residents (even though they generally don’t). Please get ready to do more of the same in future. Debito Arudou, Ph.D.

Nagasaki Yorozuya-machi Steak House “Bronco” sign: “Foreign people are forbidden to enter this restaurant to prevent infection.” Exclusionary racism evolves with Covid. (UPDATED: Signs are down)

Posted on April 25, 2021August 29, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. Last week I received the following information from around the internet (h/t to GG, WX, XY, and YZ) and about a “Japanese Only” establishment that put up some exclusionary signs. Their report follows, my comment comes at the very end.

//////////////////////////////////
From: XY
Subject: Foreign people are forbidden sign in Nagasaki
Date: April 16, 2021
To: <debito@debito.org>
[anonymized and edited for brevity]

Dear Debito,
I’m XY, who shared the racist signs outside a restaurant in Nagasaki on Facebook this week. GG, an old friend, tells me that he contacted you about the signs and that you’d like more information. Another long-term resident, WX, originally posted the photos on Tuesday on Facebook and I shared them, as did YZ. The signs were still there as of yesterday.

The restaurant is called Bronco, address 850-0852 Nagasaki, Yorozuya machi 5-4.

Phone 095-825-9377.
Facebook page: https://www.facebook.com/ステーキハウス-ブロンコ-206688849396493/

This is in Kanko dori, the main downtown shopping area in Nagasaki. Online photos of the interior show a Confederate flag on display. [All signs courtesy of YZ as of April 17, 2021; click on image to expand in browser.]

Caption by YZ: The first two were taken two days ago by a student of mine who lives near that place. The third picture was the original one that WX had taken And the last is a screenshot of my comment on their Facebook page about the confederate flag. The inside of the restaurant is decorated in pretty much anything you can think of from the United States and especially from Texas. (Ironic, don’t you think?)

XY continued: After we posted the photographs, many people both foreign and Japanese either called the restaurant or contacted local government agencies to complain. The owner didn’t answer any of the calls and the person who did said they realised the signs were problematic. The agencies contacted said the signs were offensive or discriminatory but they had no legal recourse to action.

YZ and I planned to visit the restaurant to talk to the owner yesterday, but it was their 定休日. Apparently the owner has a bad reputation of being extremely unpleasant and we suspect he knows fully well that the signs are discriminatory and doesn’t care. YZ contacted someone in the local chamber of commerce in the hope that they can pressure the owner to remove the signs.

In all my decades of living in Nagasaki I have never seen anything like this. I’m deeply upset that Nagasaki, with it’s long history of interaction with foreign countries, and it’s image of a peace-loving city, is allowing this. I have no desire to eat in this restaurant but I believe the signs are infringing on my human rights, by discriminating against me as a foreigner, and suggesting that foreigners are the source of COVID-19 infection. Thank you for your interest in our story. Please let me and YZ know if you need more information. Kind regards, XY

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

COMMENT FROM DEBITO: Another one to add to Debito.org’s collection of “Japanese Only” signs. In addition to all of the other places archived both here on the Debito.org Blog and on the Rogues’ Gallery of Exclusionary Establishments, it looks like the owner of Bronco is so much of a fan of America that he’s adopting America’s long history of racism, down to the Confederate Flag (supporters of which would historically no doubt have supported America’s Asian exclusion laws, WWII internment camps for Japanese, and other measures that would exclude Non-Whites like him).

The interesting thing about this bigot is that his racism has evolved with the times. No longer is it a matter of excluding people because they don’t “look Japanese” or “don’t understand Japanese customs or language” etc., etc. Now it’s a matter of infection (which in fact is a Japanese government-supported narrative). No matter that Japan’s primary vectors of infection in recent months have been Japanese returning from overseas themselves, what with Japan’s honor-system quarantines for Japanese only until relatively recently, a willful under-testing of the asymptomatic or much contract tracing of infected Japanese (to keep the numbers low and the Olympics coming), and abysmally low vaccination rates in Japan, leading to the distinct possibility that Japan has incubated its own Eek Variant of the Coronavirus.

If anything, foreign returnees and even tourists are probably more likely to be vaccinated and therefore less contagious than the average Taro. But no matter. Blame the foreigner. After all, it’s what even the main Japanese scientist advising the government told us we should do. Bad physical science, coupled with even worse social science, has once again enabled the racists. Debito Arudou, Ph.D.

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

UPDATE: EXCLUSIONARY SIGNS ARE DOWN

From: XY
Subject: Re: Foreign people are forbidden sign in Nagasaki
Date: April 25, 2021
To: Debito Arudou <debito@debito.org>

Hi Debito,

I’m sorry for not getting back in touch with you sooner. Thank you for blogging about Bronco. I’m happy to report that the signs were taken down by Sunday April 18th, we think because of pressure from the local shop owners’ association. YZ had contacted MICE, an organization which promotes the new conference center being built here [info in English, Japanese], who told her they would ask the shop owners’ association to talk to the owner. Also some of YZ’s friends are members of the association and also acted on our behalf, after seeing her posts on SNS.

We are both glad that the local Japanese community stood up against racism.
Kind regards, XY

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

DEBITO COMMENTS: See? If the government has an interest or a duty to stop this exclusionary behavior, it can happen quite rapidly. Yet another reason why we need actual laws against racial discrimination.

SNA Visible Minorities 21: “A Retrospective on 25 Years of Activism”, April 19, 2021

Posted on April 19, 2021 by Debito Arudou, Ph.D.

mytest

SNA — I’ve been involved in activism in Japan for many years. Indeed so many that my online archive of work, Debito.org, just turned 25 years old last week. With that in mind, I’d like to devote this column to a retrospective of the past quarter century: What, if anything, has Debito.org contributed to help make conditions for Non-Japanese residents and Visible Minorities better?

Debito.org first went live on April 15, 1996, during the earlier days of the World Wide Web, as a means to respond to online bulletin board critics. When topics came up over and again, I’d just archive a previous essay on Debito.org and send a link. After a couple hundred essays were organized into general information sites, Debito.org became a platform for issues involving foreign residents of Japan.

The first major issue I took up was “Academic Apartheid” in Japan’s universities. This is where all Japanese full-time faculty were granted contract-free tenure from day one of employment, while all foreign academics, despite many being better qualified than their Japanese counterparts, got perpetual ninkisei contracts (some of them term-limited) without the opportunity for tenure.

I discovered a “smoking gun” one day in my university mailbox: A paper directive from the Ministry of Education encouraging national and public universities to fire their older foreign professors by not renewing their contracts. I scanned it, archived it, and sent a link to prominent advocates like Ivan P. Hall (author of Cartels of the Mind) for further exposure. It turns out that a government demanding their universities axe all their foreigners over forty is state-sponsored discrimination, and it blew up into an international issue that even then-US Ambassador Walter Mondale took up.

All of that information is still up on Debito.org today, and it turns out that a permanent archive that is searchable, citable, with context and without paywall, is a valuable resource, especially as many unscrupulous people would rather have a history of their actions and policies disappear into the ether. Once archived on Debito.org, it didn’t. Soon other issues on Debito.org garnered national and international attention, even generating public policy movements…

Rest is at http://shingetsunewsagency.com/2021/04/19/visible-minorities-retrospective-on-25-years-of-activism/

April 15 2021: Debito.org celebrates 25 years of existence! Here’s to another 25 years! A brief retrospective.

Posted on April 15, 2021April 15, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. I’m pleased to announce that Debito.org is celebrating its 25th birthday today!

Yes, as far back as April 15, 1996, Debito.org first went live as an archive of my essays written for a long-dead open listserv called the “Dead Fukuzawa Society”, founded by acolytes of the late Chalmers Johnson who believed, like Fukuzawa Yuukichi, of the “Fukoku Kyouhei” (Rich Country, Strong Military) slogan, that Japan had a lot to learn from overseas practices to make one’s country stronger (as did Chalmers Johnson, who believed that the US needed to learn from Japan’s Industrial Policy and mercantilist practices). Much debate ensued at DFS, and when I realized that my some of my responses to critics were retreading ground I’d written before, I archived them on Debito.org and just sent links. Some of my most interesting (and fresh) early essaywriting is still up on Debito.org (the website, not this blog section, which will incidentally also be celebrating its 15th birthday on June 17th), including “Issues of Education for Young Families“, “Debunking Myths about Japan,” “Cultural Quirks and Esoterica“, “Dai-san Sector and corruption in my little town“, “Driving in Japan“, “Japan Cycletreks“, and even funny essays (yes, humor from Debito!).

Things have changed for better and for worse, and I’d like to think Debito.org had a hand in promoting the “for better”. We’ve broken major international news stories, including the Otaru Onsens Case, Trade Barriers and the Dr. Tanii Suicide, the embedded racism of the 1995 Kobe Earthquake, Ninkisei Academic Apartheid in Japan’s Universities, Japan’s Racial Discrimination covered by the United Nations, Ministry of Justice foreigner “Snitch Sites“, discrimination at Japan World Cup 2002, racist “foreign DNA” crime research at the National Police Agency, “Tama-chan” sealion and the Juuminhyou, and more listed at our “Activists’ Page“. Debito.org’s archives have also been a launching pad for books, hundreds of newspaper articles and columns, and cited research papers. Thanks in part to Debito.org (as opposed to all the other information in the academic canon dismissing Japan’s racial discrimination as “ethnic discrimination”, “foreigner discrimination”, and “cultural misunderstandings”), Japan is no longer claiming with a straight face that racism doesn’t exist. Some are even coming to the conclusion that we need actual laws against racial discrimination (now more than 25 years after signing UN international treaty promising to eliminate it).

In fact, look at this Asahi Shinbun article, dated April 11, 2021, courtesy of KM:

Quick, rough translation by Debito (amendments welcome from Debito.org Readers):

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

THE LACK OF A COMPREHENSIVE LAW FORBIDDING DISCRIMINATION

Asahi Shinbun, April 11, 2021

The UN, recognizing that ignoring human rights leads to the barbarity of war, issued proclamations guaranteeing human rights and the elimination of discrimination in its UN Charter (1945) and the Universal Declaration of Human Rights (1948). Other agreements, such as the Convention on the Elimination of All Forms of Racial Discrimination (1969) Convention on the Elimination of Discrimination against Women and Children (1981) also demands that signatories pass laws forbidding discrimination.

Japan has also looked back on its wartime past, and established in the Japanese Constitution that basic human rights are inviolable rights, and all Japanese people (kokumin) are equal before the law and should not suffer discrimination. However, despite specific definitions about discrimination outlined in various UN treaties, Japan still has not made a law with comprehensive definitions against discrimination.

Instead, Japan has put into effect full-scale laws against discrimination against the forceful assimilation of minorities and worked towards the improvement for conditions of Burakumin enclaves. It has also worked towards the education and enlightenment of the public in order to resolve psychological abuse.

Under the Abe Administration, instead of addressing all forms of discrimination, it took a case-by-case approach with the Law to Eliminate Discrimination against the Handicapped (2013), and laws against hate speech and Burakumin discrimination in 2016.

However, the three laws above do not include penalties for carrying out discrimination, stopping at the idealistic “this cannot be done” and “it will not be permitted”. This is due to exceptions being made under guarantees of freedom of speech in the Constitution, given a background of reservations expressed by constitutional experts about “arbitrary restrictions by government regarding speech and expression in places like public demonstrations.”

Editorial Department, Kitano Shouichi

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

COMMENT: I would argue that this dialog in a major newspaper, acknowledging the need for a “comprehensive law” against discrimination with penalties, would not have been possible in the 1990s before Debito.org. We constantly pointed out that racial discrimination was happening to Visible Minorities in Japan, and a landmark court case (the above mentioned Otaru Onsens Lawsuit) firmed up judicial precedent that racial discrimination (jinshu sabetsu), as rendered, would appear in court documents as an incontrovertible fact of the case. Granted, no mention was made of Non-Japanese and Visible Minorities in Kitano’s essay. But the word “comprehensive” (houkatsuteki) would arguably include that.

That’s where the work of Debito.org lies for the next 25 years — getting a law against racial discrimination, with penalties, on the books. I hope you will join us in keeping the record alive and updated as we keep pushing for a Japanese society more tolerant and accepting of diversity. Japan’s inevitable multiethnic future depends on it.

Debito Arudou, Ph.D.

Founder, Debito.org

PS. Debito.org Readers, would you put something in the Comments Section about how Debito.org has been of use to you? Thanks!

United Nations human rights experts say Japan was wrong to detain former Renault-Nissan CEO Carlos Ghosn; owes him compensation

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

mytest

Hi Blog. I wrote back in January in my Shingetsu News Agency column that Carlos Ghosn’s escape from Japan’s gaijin gulag was the right move — not least because Japan’s heavy-handed prosecutorial powers and treatment of criminal suspects is in itself a violation of human rights. Now it turns out the United Nations would agree. An AP article follows, courtesy of lots of people. As Debito.org Reader JDG points out, “How’s that effort to turn Tokyo into an international financial hub going, BTW? Attracting much elite foreign talent? I guess Japan will be back in touch with the U.N. when it wants some more UNESCO listings…”

Given that Japan has been shamed for decades over its human rights record, and still has not passed a criminal law against racial discrimination as promised under international treaty it signed a quarter century ago (yes, way back in 1995!), I doubt this will mean much. But at least it’s a delicious vindication for our advocacy camp. Debito Arudou, Ph.D.

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

Crime
Human rights panel: Japan was wrong to detain Carlos Ghosn; owes him compensation
Associated Press/Japan Today, Nov. 24, 2020
By JAMEY KEATEN
Courtesy https://japantoday.com/category/crime/Human-rights-panel-Japan-was-wrong-to-detain-Carlos-Ghosn-owes-him-compensation

GENEVA — A panel of human rights experts working with the United Nations said Monday that former Renault-Nissan boss Carlos Ghosn was wrongly detained in Japan and has urged “compensation” for him from the Japanese government.

The Japanese government denounced the report as a “totally unacceptable” viewpoint that will change nothing in the country’s legal process.

In its opinion published Monday, the Working Group on Arbitrary Detention found that Ghosn’s arrest in Japan in late 2018 and early 2019 was “arbitrary” and called on Japan’s government to “take the necessary steps to remedy the situation of Mr Ghosn without delay.” A determination of whether detention is arbitrary is based on various criteria, including international norms of justice.

While Ghosn is no longer in Japan, having fled in a dramatic operation that drew headlines worldwide, the opinion could weigh on minds in courtrooms in the country and beyond. It could affect, for example, the possible extradition of two Americans, Michael Taylor and his son Peter, whom Japanese prosecutors say helped the executive sneak out of Japan.

Ghosn, a 66-year-old with French, Lebanese and Brazilian citizenship, led Japanese automaker Nissan for two decades, rescuing it from near-bankruptcy. He was arrested in November 2018 on charges of breach of trust, in misusing company assets for personal gain, and violating securities laws in not fully disclosing his compensation. He denies wrongdoing.

In December, he fled Japan to Lebanon while out on bail awaiting trial, meaning his case will not go on in Japan. Interpol has issued a wanted notice but his extradition from Lebanon is unlikely.

The five-member working group, which is made up of independent experts, called on Japan to ensure a “full and independent investigation” of Ghosn’s detention, and asked the government “to take appropriate measures against those responsible for the violation of his rights.”

The working group said that “the appropriate remedy would be to accord Mr Ghosn an enforceable right to compensation and other reparations.”

The opinions of the working group are not binding on countries but aim to hold them up to their own human rights commitments. Among its past rulings involved the case of Wikileaks founder Julian Assange, who was likewise deemed to have had his human rights violated.

The panel, which is independent from the United Nations, noted a string of allegations from Ghosn and his representatives, such as that he was subjected to solitary confinement and long interrogations at day or night, and denied access to court pleadings. His team claimed that interrogations of Ghosn were aimed to extract a confession.

Japan’s system has been repeatedly criticized by human rights advocates. The panel cited previous concerns about Japan’s so-called daiyo kangoku system of detention and interrogation that relies heavily on confessions and could expose detainees to torture, ill-treatment and coercion.

Japan’s Foreign Ministry said in a statement that the government had applied “appropriate procedures” in the case, and it could not provide full information to the working group before a trial had begun. For that reason, the ministry added, it would be inappropriate for the working group to make a decision on the Ghosn case “based on limited information and biased allegations” from him and his team.

“The opinion is totally unacceptable, and is not legally binding,” the ministry statement said. It also warned that the opinion could set a dangerous precedent, and “encourage those who would stand criminal trial to entertain the idea that flight can be justified and prevent the realization of justice and the proper functioning of the criminal justice system in each country.”

“Japan can by no means accept the opinion of the Working Group regarding the case of the defendant Carlos Ghosn,” it added.

Ghosn lawyer Jessica Finelle welcomed the “brave” decision by the panel and said its members had been “hard on the Japanese legal system” and the way that Japanese authorities treated Mr Ghosn, “specifically, violating numerous times his presumption of innocence, presenting him as guilty, orchestrating two of his arrests with the media…”

Ghosn was “very happy” and “relieved” about the opinion, she said.

“He is somehow is getting back his dignity because he’s been humiliated during this time that he was held in Japan,” she said.

Ghosn has accused Nissan and Japanese officials of conspiring to bring him down to block a fuller integration of Nissan with its French alliance partner Renault SA of France.

Ghosn’s lawyers filed a petition with the working group in March last year, appealing to its role to look into cases in which governments are alleged to have wrongly detained individuals under agreed international human rights conventions.

Its members declined to speak to reporters about the opinion, the U.N. human rights office said.
ENDS

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

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

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

クラーマースベン

Japan

SEP 1, 2020 —

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

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

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

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

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

Japanese Version:

令和2年9月1日開始の再入国拒否政策の緩和と今後の対応について

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

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

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

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

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

Posted on June 14, 2020July 6, 2020 by Debito Arudou, Ph.D.

mytest

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

Japanese advertisements (Mandom) juxtaposing chimpanzees with Jamaicans of African descent to sell product,
Japanese advertising for cup noodles (Nissin) that “whitewash” a Japanese athlete of Haitian and American descent,
Japanese advertising for detergent (P&G Japan) that depicts cleanliness as White people with big noses.
Japanese advertising for bread makers (Toshiba) using a Japanese with a blond wig, a big nose, and accented Japanese.
ANA advertising new air routes (to Asia) with a “foreignized” (White) Japanese character (again, with big nose and blond wig).
Nagasaki travel agency using “foreignized” (White) Japanese characters (again, with big nose and blond wig).
McDonald’s Japan advertising burgers with a racialized White Western character “Mr. James speaking katakana Japanese“.
“Black Melon Pan” bread products with a racialized “Afro” character.
Fuji TV cop shows targeting NJ as criminals for sport.
Racialized stereotyped characters in Japanese video games.
Sakura TV depicting international marriage as a means for “selfish White men” to entrap women from “uncivilized countries” as “babysitters”.
Depicting a Japanese-Nigerian baseball player as an “animal” with “wild instincts” on the “savannah” in Japanese sports news.
NHK’s report on airport facial recognition devices repeatedly portraying a “prototypical criminal” as foreign-looking.
Asahi TV broadcasting police anti-crime drills where the thief is portrayed as foreign.
Some more racist Japanese media (not just TV) here and here.
And of course, NHK promoting the trope that “foreigners” can’t speak real Japanese (which occasioned a written apology from NHK).
And outside Debito.org, Tokyo Weekender notes: “In 2018, Japanese comedian Masatoshi Hamada appeared on a New Year’s Eve show in a Beverly Hills Cop skit with his face blacked up. In 2015, a picture of members of the group Rats & Star and idol group Momoiro Clover Z wearing blackface backstage during the filming of Fuji TV’s famous “Music Fair” show triggered outrage.”

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

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

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

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

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

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

With translation:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(rest behind paywall).

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

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

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

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

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

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

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

So in my view, for all NHK’s claims that it “lacked proper consideration”, I call BS. They knew full well what these subcontracted segments are like. That’s what that subcontractor has done for years. They just expected that this would be for “domestic consumption only” and the Gaijin wouldn’t see it (because after all, “foreigners” don’t watch Japanese TV because Japanese is too hard a language for them to understand). That’s also BS. NHK (not to mention most of Japan’s other media) still hasn’t learned their lesson after all these decades. Debito Arudou, Ph.D.
======================
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Kyoto Nakagyou-ku issues comic book on local street safety to grade schoolers, created by Kyoto Seika Univ & Kyoto International Manga Museum, portraying “foreigners” as unintelligible ill-mannered tourists!

Posted on April 28, 2020April 28, 2020 by Debito Arudou, Ph.D.

mytest

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

Hi Blog. As I recently said in an interview with the Shingetsu News Agency, people who live in Japan (including NJ Residents) have to speak up if they feel they are being unfairly treated or depicted in public. And they do, sometimes with success.

Consider the case of RJO below, who writes that he saw a Kyoto Government comic book (ironically, scripted and edited by Kyoto Seika University, in conjunction with the Kyoto International Manga Museum! ) issued to local grade-school children about traffic safety (a concern in Kyoto for commuting kids). Amidst other concerns, the booklet veered off on a tangent to target and alienate “foreigners” (not to mention Visible Minorities) as loud, ill-mannered loiterers and litterers.

That’s the NJ Community’s only appearance in the comic — as guests (not Residents). Of course, according to eyewitness reports (and personal experience), this is in spite of ill-mannered loud littering Japanese around Kyoto as well. (Those kind of manners, you see, are exogenous to Japan. Even an elementary school student knows that. Now!)

The good news is that RJO and a friend took this up on Facebook, then directly with the City Government. Within hours the downloadable link to this booklet disappeared!

Turning the keyboard over to RJO now to tell his story. Good job, you two. Again, if you live here as a Resident, you have to make yourself known as one sometimes. Demand non-differential treatment. And definitely demand not to be alienated in a primary school setting! Debito Arudou Ph.D.

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

To: debito@debito.org
From: RJO
Date: April 26, 2020

Dear Debito, I am a French national living in Kyoto, Japan for 12 years now. I have a Japanese wife and two daughters.

My older daughter is studying at Kyoto International French School (LFIK), but she is allowed to attend classes at our local elementary school, one of the few in Kyoto where the head of school accepts students from international schools during the holidays.

We did not attend the school’s “nyûgakushi” (annual opening ceremonies), but managed to meet the teacher and grab some documents.

I noticed later, at home, that they had given us a booklet about “street safety”. The reason why is because downtown Kyoto is not very safe for children. No sidewalk, narrow streets, “nagara unten” from both cars and cycles, tobacco, etc…

[“Taking Back the Streets: A city where people can enjoy walking” produced by the Kyoto City “Nakagyou-ku Traffic Problems Project Meeting” Issued March 2020. Publisher details follow. Click to expand in browser.]

Scripted and edited by the Kyoto Seika University (Kyoto International Manga Museum Jigyou Sokushin Shitsu)

Anyway, I started reading it, and found a depiction of Non-Japanese tourists, namely how they loiter and throw rubbish around. The young Japanese protagonists of the manga are all distressed, and go “Oh, such bad manners. I wish I could tell them something in English.”

[Right side bottom left quadrant shows racialized people making loud “Wai” noises. The girl below says, “Boy, there are a lot of tourists here!” The grandmother agrees. Then the top left has unintelligible foreigners that are commented on for eating while walking, then throwing their garbage down a drain to the kids’ immense shock. Just before the kids almost get hit by a car, they say, “What awful manners. What would I say to them to caution them?” “Uh… in English!? Uh, I dunno. As you said, in English, where to start?” Translations by Debito. Click to expand in browser. The entire booklet can be read here as a PDF: Toori-no-fukken]

And I’m like, “What!?”

The thing is, “ill-mannered foreign tourists” are often in the news and in public communications. But actually I see lots more “local” people with bad manners everyday, and I tell them directly: “Koko wa tabako dame desu yo”, “Nagara unten yamete kudasai”, etc. I’m brave, I don’t care, and I show my daughter that you have to stand up for yourself.

So the authorities have made a booklet about street safety in Kyoto, a very relevant issue, but the only time Non-Japanese people appear in it, they are depicted as having bad manners.

Again, what’s the booklet about? Street safety.

If they want to bring in Non-Japanese people for some reason, they should show all kind of Non-Japanese people, not just the ill-mannered, loitering people. Or not just focus on the bad manners of “foreigners”. It’s a very bad association.

Plus, remember that this booklet is handed out to elementary school children. So they’ll see that depiction, the frustration of the child protagonist, and how “English-speaking people” don’t respect the rules and stuff.

Mixed-roots children (like my daughter) are part of Japanese society. They go to elementary school like everybody else. Some of them speak English, but not all do.

When my daughter used to go to a Japanese kindergarten (before the French school), I was often greeted by groups of kids shouting “Eigo no hito da!” while pointing their finger at me.

It was unsettling. I let their teachers know that, but they just said, “They’re kids, they don’t know any better.” So I said, “I know, it’s your job to teach them. I’ll be happy if they just say ‘konnichiwa’, like they do with everyone else.” (It worked, in the end.)

The street safety booklet reminded me of that, and I put a few pictures of it up on FB with English and Japanese comments.

A Japanese FB friend with English ancestry named Mariko picked up on it immediately, shared it with others, and called the City Office.

The City Office actually took everything off their website the next day (the booklet was downloadable) and promised to recall the booklet.

[Here’s the original link, and a screen capture of how it appeared on Facebook:]

https://www.city.kyoto.lg.jp/digitalbook/page/0000000899.html

It had just been published in March. They had just started giving it out and showing it in a few places.

I feel bad for the street safety campaign, but I’m happy with the result. We (Non-Japanese) are not outsiders, strangers, or just “ill-mannered tourists”. We live here. We understand Japanese. We also have to stand up for our kids.

Mariko made a good example of that. She wrote later on FB how her own kids were next to her the whole time she tried to reach the City hall. She said, “They need to see how we can defend ourselves. A phone call can change things.” She’s active against all kind of injustices.

I also believe in action. I sent letters to Combini chains to ask them to remove ashtrays close to my daughter’s kindergarten. I called the City services to urge them to put “no tobacco” signs in public parks where kids go. When I ride my daughter to school, we frequently have troubles with taxi drivers that break the speed limit or ignore the stop signs. I take picture of their plate and contact their company. I also go to the kôban to ask them to patrol the streets where such incidents happen frequently. That kind of thing. It’s not much, but I often get positive results.

I believe that many people, Japanese and Non-Japanese alike, feel the same about all of these issues (from street safety and tobacco control to racial discrimination), but they don’t think they can make a change. I think they can, we can.

Thank you Debito for your advice, and for sharing the story. Sincerely, RJO.

SendaiBen on “Anytime Fitness” Sports Gym Gaijin Carding him, and how he got them to stoppit

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

mytest

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Hi Blog. Here’s an instructive post from Debito.org Reader and Contributor SendaiBen. He was told (like so many people are) that he had to surrender his Zairyuu “Gaijin Card” in order to register for service. But as he (and many other veterans of this silliness) know, you only have to present it when asked by a member of Japan’s policing or Immigration officials to do so. Otherwise, any form of ID (such as a Japanese driver license) that works for Japanese should work for NJ too.

But some companies don’t know or don’t care, so they push NJ around. Here’s how SendaiBen successfully pushed back, in the case of a sports gym (a notorious business sector towards NJ members) called Anytime Fitness. And so can you. Follow his footsteps. Dr. Debito Arudou (still getting used to the new WordPress format, so please pardon some formatting creakiness).

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

To: Debito.org
Date: November 24, 2018
From: SendaiBen

A few of my friends joined Anytime Fitness recently. They are a gym franchise that allows 24-hour access via a key card and have decent facilities and reasonable fees. They are expanding rapidly in Japan.

I went to check them out with my wife. There were a lot of things I liked, including the fact that you can work out in your street shoes (so no need to bring special shoes just for the gym), the fact they had two squat racks (very rare in Sendai), and the reasonable fees and ability to use other Anytime Fitness gyms in Japan and worldwide.

As we were going through the explanation of how to join, the guy showing us around said that my wife would need ID and her bank card to sign up, and (after confirming I was not a Japanese national — which was a nice touch, I thought) said I would need my ID, zairyu card, and bank card.

My wife gasped slightly (she knew what was coming).

I asked whether I could sign up with my driver’s license instead, and the guy said no, foreign nationals needed to provide their zairyu card.

We left soon after that without signing up. I was a bit put out as I don’t like it when companies make up unnecessary discriminatory rules. It’s not the most important thing in the world, but I think it is important to push back in these situations to prevent this kind of thing from spreading.

I went home and sent an email to the Anytime Fitness main office. Unfortunately I didn’t have time to get it checked, so it is in my fairly poor Japanese:

It basically says ‘I went into the local Anytime Fitness today and was told I need to present a zairyu card as well as other ID to sign up. I presume the staff member I talked to is working off your manual, so didn’t want to argue with them. I have three questions:
Is it actually necessary for me to present my zairyu card (cannot sign up with driver’s license)?
If it is true what is the reason? A zairyu card is an important document that can only be demanded by the police or immigration. It contains important personal information.
If it is true for what purpose will you use this personal information and how will it be managed?

I got a reply back the next day that was basically a cut and paste: we’re sorry you had an unpleasant experience and the local branch will be in touch to explain:

I replied saying that my questions were not about how the branch handled things but rather regarding their policies for signing up for membership. I then got the following the next day:

Basically it says that in order to sign up for membership you need to have one form of ID from the list (driving license, passport, health card, zairyu card, copy of jyuminhyo, my number card) and your bank card. Some bank accounts can’t be used (this actually happened to me, they were unable to use my Shinsei account so I used another one instead).

I then got an email from the gym itself:

This basically says that ‘it is not absolutely necessary to present the zairyu card’ but they use it to check the names of people that break the rules so that they can’t sign up for membership after they have been kicked out.

Of course this doesn’t make much sense as they could use a driver’s license to do the same thing, eh? 😉

I then emailed back asking if I could sign up with just my driver’s licence after all:

And got this reply shortly afterwards:

This very short email says ‘yes, you can sign up with your driver’s license’ (and doesn’t say, but I guess includes the sentiment ‘please don’t send me any more emails’).

Today I went back to the gym to sign up. I talked to a different guy and not once did the zairyu thing come up (although I noticed the first guy was in the office so presumably was instructing his colleague not to trigger the argumentative customer). I filled in some forms, showed my driving license, scanned my bank card (Shinsei didn’t work so used a different one), got my key, worked out, and went home.

Hopefully in the future they will be more careful how they phrase things. I have heard from friends in other areas of Japan that they have also run into the zairyu card thing with Anytime Fitness, so hopefully this post will give some ideas of how to push back in a calm and constructive fashion.

To be honest I wasn’t expecting the gym to back down, so I am kind of impressed with how they dealt with the situation. Obviously it would have been better if they had just taken my driver’s license in the first place, but failing that listening to my complaint and changing their stance was the best outcome I could have hoped for.

It seems more and more companies are becoming aware of the zairyu card, not just as another form of acceptable ID, but sometimes as the only form of ID they will accept from non-Japanese citizens. I personally believe that is unacceptable, so will continue to push back in this way to prevent it from spreading. I don’t want to be asked for my zairyu card by random companies as I go about my daily life. — SendaiBen

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

Posted on November 17, 2018November 18, 2018 by Debito Arudou, Ph.D.

mytest

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

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

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

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

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

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

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

That prompted a Cuban complaint.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

======================================
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My Japan Times JBC Col 113: “Warning to Naomi Osaka: Playing for Japan can seriously shorten your career” (Sep. 19, 2018)

Posted on September 19, 2018November 30, 2018 by Debito Arudou, Ph.D.

mytest

Hi Blog. Developed from an earlier post on Debito.org, here is my 113th JUST BE CAUSE column for The Japan Times Community page. Here’s a teaser opening with a link to the rest of the article. Dr. Debito Arudou

==========================================
Warning to Naomi Osaka: Playing for Japan can seriously shorten your career
JBC 113 for the Japan Times Community page
By Debito Arudou, September 19, 2018

JUST BE CAUSE

First, Just Be Cause congratulates Naomi Osaka on her outstanding win over tennis legend Serena Williams in the U.S. Open. Osaka’s grace under fire was world-class, and she deserves all the plaudits she can get.

And let’s just get this out of the way: I also agree that Williams had every right to protest her treatment by a heavy-handed umpire. The ump made the game about his ability to punish instead of defuse a situation, and penalized a woman more severely than men for similar infractions.

But that commentary is for the Sports pages. Here’s the JBC issue:

Ms. Osaka, I don’t think you understand what you’ve gotten yourself into by choosing to play for Japan.

Rest at https://www.japantimes.co.jp/community/2018/09/19/issues/warning-naomi-osaka-playing-japan-can-seriously-shorten-career/

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

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

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Debito-sensei, arigato! — TJ.

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

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

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Asahi: Setagaya Ward plans to battle inter alia racial, ethnic discrimination (in specific) in a local ordinance. Progressive steps!

Posted on March 21, 2018March 21, 2018 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s something important. Tokyo’s Setagaya-ku tries to do what Tottori Prefecture tried to do in 2005 (which was, pass Japan’s first ordinance specifically against racial discrimination, which is still NOT illegal in Japan; alas, Tottori UNpassed it months later). To be sure, Setagaya-ku’s goals are obscured behind the typical slogans of “discrimination due to differences in culture”, and there isn’t even a mention of “racial discrimination” (rendered as jinshu sabetsu) in this Setagaya-ku pamphlet briefing on the issue from last September. But baby steps, and the issue of “racial discrimination” (which has long been denied even as existing in Japan) has had domestic media traction as an actual, existing problem because of Setagaya-ku. Let’s hope this serves as a template for other legislative bodies this time. Dr. Debito Arudou

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

Setagaya Ward plans to battle racial, ethnic discrimination
By TAICHIRO YOSHINO, Asahi Shinbun, February 28, 2018, courtesy of GDO
http://www.asahi.com/ajw/articles/AJ201802280061.html

Tokyo’s Setagaya Ward has drafted an ordinance designed to protect racial, ethnic and sexual minorities from discriminatory practices, a move hailed by human rights experts as an “advanced measure.”

The ward was one of the first local governments in Japan to recognize same-sex marriages, and the draft ordinance covers sexual minorities.

However, the draft specifically notes that its target also includes discrimination based on nationality and race.

Under the plan, the ward will establish a committee that will handle public complaints about discrimination and advise the mayor on what measures to take.

A standing committee of the Setagaya Ward assembly approved the draft on Feb. 26. The assembly is expected to adopt the ordinance at a plenary session on March 2, and it will likely take effect in April.

“I have never heard of an ordinance that is intended to end discrimination based on nationality and race and will create a system for handling complaints,” said lawyer Kim Chang-ho, a third-generation ethnic Korean and a member of a nongovernmental organization that protects the human rights of foreign residents in Japan.

“The ordinance will be of help in collecting evidence when victims call for action on discriminatory problems. I hope that the measure will spread nationwide,” Kim said.

Other municipalities have complaint management committees, but they mainly handle cases of sexual discrimination.

The Setagaya Ward committee will consist of three members who will act as advisers to the mayor.

Although the draft contained no punitive measures against offenders, it did suggest possible action that could be taken.

The ward, for example, could refuse to allow hate-speech groups to use public spaces and facilities for demonstrations and meetings. The ward also wants to ensure the needs of sexual minorities and other groups are met when they use public facilities.

In addition, the ward could issue “improvement” instructions to landlords who refuse to rent apartments to minorities, as well as those responsible for discriminatory graffiti or online videos.

Shigenori Nakagawa, a lawyer involved in protecting the rights of sexual minorities, praised the ward’s move.

“Amid a society where discrimination and stereotypes about sexual minorities are deeply rooted, it is meaningful to clearly specify basic social rules,” Nakagawa said.

ENDS

===========================
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Flawed academic article on Otaru Onsens Case et al.: “Discrimination Against Foreigners in Japan”, in Journal of Law and Policy Transformation

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

mytest

Hi Blog. The Otaru Onsens Case (1993-2005), one of the most prominent lawsuits against racial discrimination in Japan’s history, continues to live on both in law and social-science academic journals.

The most recent, citing a lot of online sources (but not the definitive book on the case, “Japanese Only: The Otaru Hot Springs Case and Racial Discrimination in Japan“), came out last July in the “Journal of Law and Policy Transformation” (Editorial Board here).

However, if this paper was from a student in my Research Methods class, I would dock points for a number of things here, not least the lack of peer-reviewed sources cited. It’s essentially taking all the work from Debito.org (particularly from here) and rehashing it as a show-and-tell for academic credit, moreover without reading the most recent books and analyses on cases since then; plus it has a number of typos, and a rather glib final conclusion that:

[A]s it correctly noted [sic] by Yoshio Sugimoto[,] “contemporary Japanese society is caught between the contradictory forces of narrow ethnocentrism and open internalization [sic]“. This proves the fact [sic] that passing laws at all levels of government outlawing discrimination in Japan is just a matter of time.

As written, I don’t logically follow.

(I have the feeling even the article title was readjusted by the gatekeepers to revert the issue back to “foreigner discrimination”, making it once again an issue of nationality, and glossing over the fact that one of the excluded plaintiffs in the Otaru Onsens Case was in fact NOT foreign. Moreover, reading the Abstract below, I note how even the summary must include a disclaimer that the “foreigners” are partially to blame for their being discriminated against “due to differences in language, religion, custom and appearance as well”.)

Anyway, congrats I guess on keeping the issue and the information in circulation, and for getting this into the research canon past the academic gatekeepers who would rather not see discrimination in Japan as racial in nature. Dr. Debito Arudou

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

Citation:
EKATERINA, Kostina. Discrimination Against Foreigners in Japan. Journal of Law and Policy Transformation, [S.l.], v. 2, n. 1, p. 183-203, july 2017. ISSN 2541-3139. Available at: <http://ejournal.uib.ac.id/index.php/jlpt/article/view/80>.

Abstract
The notion of Japan as a homogeneous society has been challenged by many recent studies. In fact, Japan is a home to different minority groups, ethnic and non-ethnic. Although the percentage of resident foreigners is relatively low comparing to other countries, acts of racial discrimination against them occur in everyday life in Japan. Thus, this study discusses how the foreigners are treated in Japan, and therefore tends to answer the question whether the legislation exists in order to protect their rights and penalize discriminatory activities committed by citizens or organizations. The study reveals that although Japan signed the UN Convention on the Elimination of Racial Discrimination (CERD), the problem of racial discrimination against foreign nationals still remains considerable. There are many reported incidents of human rights violation and discrimination practice against foreigners among individuals due to differences in language, religion, custom and appearance as well. Some of the cases handled by the human rights organs of the Ministry of Justice include the refusals of apartment rental or entrance to a public swimming pool on the grounds of being a foreigner. The study suggests that Japan should introduce new legislation to combat discrimination.

http://ojs.uib.ac.id/index.php/jlpt/article/view/80/52

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

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

mytest

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

JUST BE CAUSE

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

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

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

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

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

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

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

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

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

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

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

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

mytest

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

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

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

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

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

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

Dear Dr. Debito Arudou.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Here is the original mail from that company:

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

Yener Ibrahim　様

お世話になっております。

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

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

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

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

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

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

Translation of the email from Nihon Autoplaza by Debito:

To: Ibrahim Yener
From: Mr. Yamashita, Autoplaza

Thank you for your email.

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

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

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

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

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

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

mytest

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

On Aug. 25, his efforts paid off.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

mytest

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

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

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

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

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

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

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

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

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

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

Posted on March 5, 2017 by Debito Arudou, Ph.D.

mytest

JUST BE CAUSE

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

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

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

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

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

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

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

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

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

mytest

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

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

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

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

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

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

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

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

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

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

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

ENDS

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

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

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

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

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

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

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Mainichi: Effect of new anti-hate speech law spreads to executive, judicial branches

Posted on October 14, 2016 by Debito Arudou, Ph.D.

mytest

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

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

Effect of new anti-hate speech law spreads to executive, judicial branches

June 6, 2016 (Mainichi Japan)
http://mainichi.jp/english/articles/20160606/p2a/00m/0na/012000c

Bulletin boards at the Ministry of Justice in Tokyo’s Kasumigaseki district are filled with 49 posters calling against hate speech campaigns, in this picture taken on June 3, 2016. The anti-hate speech law went into force that day. (Mainichi)

A new law aimed at eliminating hate speech campaigns, which instigate rejection of specific racial or ethnic groups from local communities, came into force on June 3. While the legislation has proven effective in some parts of the country, such as in Kawasaki where the court handed down a provisional injunction banning a hate speech rally in an area home to many Korean residents, there remain challenges that need to be addressed.

【Related】NPA to crack down on hate speech demonstrators through existing legislation
【Related】Court bans planned anti-Korean hate speech rally in Kawasaki
On June 5, a hate speech demonstration in Kawasaki was called off after participants were surrounded by hundreds of citizens protesting against the rally and police urged them to discontinue the event. The organizers terminated the rally after demonstrators paraded only about 10 meters down the road, in what was going to be the country’s first such demonstration since the anti-hate speech law came into effect.

The incident came three days after the Kawasaki branch of the Yokohama District Court issued a provisional injunction prohibiting a hate speech demonstration within a 500-meter radius of the office of a social welfare organization supporting Korean residents in the city. The decision forced organizers of the June 5 rally to change their plans, including the location for the event.

In October 2013, the Kyoto District Court handed down a ruling banning the Zaitokukai (Citizens against the special privileges of Korean residents in Japan) from staging hate speech demonstrations near the then Kyoto No. 1 Korean Elementary School and ordered the group to pay compensation. The ruling accused those demonstrations of “racial discrimination” in light of the International Convention on the Elimination of All Forms of Racial Discrimination. The ruling was later finalized by the Supreme Court.

The June 2 provisional injunction issued by the Yokohama District Court’s Kawasaki branch also quoted the same international treaty, as well as the anti-hate speech law that had just been enacted in May. The ruling called hate speech rallies “illegal actions that infringe upon the personal rights for leading a peaceful life” and pointed out that grossly illegal hate speech campaigns, such as repeating loud chants with bullhorns, lie “outside the bounds of freedom of assembly and freedom of expression guaranteed under the Constitution.”

“The ruling conveys the court’s indignation over hate speech,” said a senior official at the Ministry of Justice about the provisional injunction going as far as to ban a planned hate speech demonstration in advance. The ministry was behind the submission of the anti-hate speech bill to the Diet.

Signs of change are also emerging in police responses over the issue. In step with the anti-hate speech law coming into effect, the National Police Agency issued a notice to prefectural police departments across the country asking them to strictly respond to hate speech demonstrations by making full use of existing legislation such as that against defamation and contempt.

Because the anti-hate speech legislation does not have any punitive provision or clause prohibiting such activities, it is impossible to crack down on hate speech with the law alone. It is said the use of roads for any demonstration must be granted in principle. Nonetheless, hundreds of riot police and other officers from Kanagawa Prefectural Police were mobilized at the site of the June 5 rally to prepare for any emergencies.

Yasuko Morooka, a lawyer who authored a book titled “Hate Speech towa nanika” (What is hate speech?), hails the anti-hate speech legislation, saying, “The law provides support for courts, local bodies and police in making a decision on their strict responses to hate speech.”

The new law, however, has its own limits. In order to provide relief to victims who suffered damage from hate speech, they still need to prove in detail violations of their personal rights and defamation, just as they needed to before the law came into effect. The June 2 provisional injunction banning a hate speech rally became viable as there existed crystal-clear damage in Kawasaki, where the organizers of the planned rally had repeatedly staged similar demonstrations on about a dozen occasions.

A senior Justice Ministry official said, “The court decision could be different if the expression used in the announcement for a hate speech demonstration was different. I’m not sure if the courts would issue a similar provisional injunction in other cases.”

ENDS

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Original Japanese:
クローズアップ２０１６
ヘイトスピーチ　新法効果、行政・司法に
http://mainichi.jp/articles/20160606/ddm/003/040/070000c
毎日新聞2016年6月6日　東京朝刊

特定の人種や民族を地域社会から排斥することを扇動するヘイトスピーチの解消をうたった対策法が３日、施行された。ヘイトスピーチを伴う街宣活動（ヘイトデモ）について、川崎市内の在日コリアン集住地域での実施を禁じる司法判断が出るなど早くも新法の波及効果が出ているが、なお課題も残る。

厳しい対応、後押し
対策法施行後、最初とみられるヘイトデモが５日に予定されていた川崎市。主催者側は道路で行進しようとしたが、デモに反対する数百人の市民らが取り囲むなど騒然とした雰囲気に包まれ、約１０メートル進んだところで警察の説得を受け入れて中止となった。

今回のデモを巡っては、横浜地裁川崎支部が２日、在日コリアンが多いエリアにある事務所から半径５００メートル以内での実施を禁じる仮処分を決定。主催者側は場所などの計画の変更を迫られた。

こうした司法判断の先例としては、京都朝鮮初級学校（京都市）前での街宣活動を巡る京都地裁判決（２０１３年１０月）がある。国連の人種差別撤廃条約を根拠に街宣を「人種差別」と指摘し、周辺での街宣禁止と損害賠償を「在日特権を許さない市民の会」側に命じた（最高裁で確定）。

２日の仮処分決定の特徴は、同条約に加えて先月成立したばかりの対策法を引用した点にある。対策法が定義するヘイトスピーチを「平穏に生活する人格権に対する違法な侵害行為」ととらえた上で、拡声機を使って大音量で繰り返すなどヘイトデモの違法性が著しいケースは「憲法が定める集会や表現の自由の保障の範囲外」と指摘した。デモを事前に差し止めるという踏み込んだ判断に、法務省のある幹部は「ヘイトスピーチに対する裁判所の憤りを感じる」との感想を漏らした。

警察の対応にも変化の兆しがみられる。警察庁は施行に合わせて、（名誉毀損（きそん）罪や侮辱罪などの）現行法を駆使してヘイトデモに厳しく対処するよう各都道府県警に通達。対策法は禁止や罰則がない「理念法」で、ヘイトスピーチ自体を取り締まることはできない。デモの前提となる道路使用も原則許可しなければならないとされる。それでも、５日の現場には、神奈川県警の機動隊員など数百人を動員し、不測の事態に備えた。

「ヘイト・スピーチとは何か」の著書がある師岡康子弁護士は対策法の意義について「裁判所や自治体、警察がヘイトスピーチに厳格に対処する判断の後押しになってきている」と語る。

もちろん、効果には限界もある。ヘイトスピーチの被害救済についても、被害者側が人格権侵害や名誉毀損などを具体的に証明する必要があるという状況は施行前と変わらない。２日の仮処分決定は、主催者側が過去十数回、市内で同種デモを繰り返しており、被害が明白だったことが差し止めを可能とした。

法務省幹部は「例えば、デモを呼びかける告知の表現が一つ違えば司法判断は変わりうる。他のケースで差し止めが認められるかは分からない」と言う。【鈴木一生、川上晃弘】

各自治体、試行錯誤　努力義務に温度差
法務省が３月公表した実態調査（２０１２年４月〜１５年９月）によると、ヘイトデモの発生のピークは１３、１４年だが、「沈静化したとは言えない状況」にある。こうした中、スタートした対策法は国にヘイトスピーチ解消の責務を、自治体には努力義務を課しているが、その「努力」には温度差がある。

５日に中止となった川崎市内のデモでは、市は事前に、主催者側が集合場所として申請した公園２カ所の使用を許可しなかった。対策法が定義する「差別的言動」に当たると判断したためだ。市人権・男女共同参画室は「難しい判断だった。新法なしに不許可は出せなかった」。仮処分決定と同様、市が対策法の趣旨を最大限生かそうとしたことがうかがえる。

逆に、名古屋市では先月２９日、同市中区の公園を出発点にヘイトデモが行われた。「（利用申請の）書類に不備がない」ことが許可の理由だった。河村たかし市長は翌日の記者会見で「何をしてもいいというわけではないが、表現の自由も大事」と述べた。

独自の取り組みを進める自治体もある。大阪市では７月１日、ヘイトスピーチ抑止に向けた全国初の条例が施行される。市に被害の申し立てがあれば、国際法学者や弁護士らでつくる審査会が「ヘイトスピーチに該当するか」を調査。答申を受けた市長が「該当する」と判断した場合、その内容と団体・個人名を市のホームページで公表する。ネット上の差別的な書き込みも施行日以降に残っていれば対象になる。吉村洋文市長は「法律は（被害者救済のための）具体的な措置がなく不十分。市条例には盛り込まれており、抑止になる」と強調する。【太田圭介、三上剛輝、岡崎大輔】

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

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

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

mytest

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

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From: JK
Hi Debito. Have a look here:

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

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

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

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

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

Regards, JK

Full article:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

口汚い罵倒は街頭から消えつつある。法で差別解消が実現されるのだろうか。

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

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

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

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

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

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

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

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

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

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

Debito panelist on Al-Jazeera program “The Stream”: “The politics of identity in Japan” after Yoshikawa Priyanka’s pageant victory

Posted on September 14, 2016September 17, 2016 by Debito Arudou, Ph.D.

mytest

The politics of identity in Japan
The conversation on race and ethnicity widens in the island nation.
Al-Jazeera.com Program “The Stream”, September 14, 2016
http://stream.aljazeera.com/story/201609131500-0025282

For the second year in a row, Japan has crowned a biracial woman the winner of a major beauty pageant, reviving a conversation in the island nation about race, xenophobia and what it means to be Japanese.

Japan is frequently labeled as one of the most homogeneous countries in the world, but some say this is a myth that discounts the minorities living there and stifles dialogue about discrimination in the country.

In May, Japan passed its first anti-hate speech law in an attempt to curb racism and xenophobia. While critics sceptical about the law’s effectiveness poked holes in the bill, many have applauded the government for taking steps toward addressing what they say is an often ignored issue.

Some have viewed Priyanka Yoshikawa’s Miss World Japan win as a sign the country is becoming more open to diversity. Others argue Japan has been open for a long time, and stories suggesting otherwise are reinforcing antiquated stereotypes. We discuss at 19:30 GMT.

On today’s episode, we speak to:

Priyanka Yoshikawa @Miss_priyanka20
Miss World Japan 2016

Baye McNeil @locohama
Author, columnist for The Japan Times
bayemcneil.com

Edward Sumoto @MixedRootsJapan
Founder, Mixed Roots Japan
mixroots.jp

Debito Arudou @arudoudebito
Author, “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination“
debito.org

Yuta Aoki @ThatYuta
YouTuber
youtube.com/YPlusShow

See it at http://stream.aljazeera.com/story/201609131500-0025282

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

Japan Times column Sept. 5, 2016: “JBC marks 100 columns and a million page views”

Posted on September 4, 2016September 5, 2016 by Debito Arudou, Ph.D.

mytest

JBC marks 100 columns and a million page views
By Debito Arudou
Japan Times JUST BE CAUSE column 100
September 5, 2016

JUST BE CAUSE

The day I proposed this column to my editors back in 2008, I knew it would be a hard sell.

Fortunately, I had a track record. I had been writing Zeit Gist articles (45 of them) every two months or so for the Community Page since 2002, and the JT was looking for new ways to serve the community beyond pages commemorating “Swaziland Independence Day” (which is Tuesday, incidentally). International goodwill and advertising revenue are all very well, but what about offering practical information for non-Japanese (NJ) residents making a better life here, or drawing attention to emerging domestic policies that affect them?

So my pitch was that the JT needed a regular columnist on human rights and issues of social justice. And I was convinced there was enough material for a monthly. They weren’t as convinced, and they were especially nonplussed at my suggestion for a column title: “Just Be Cause”!?

But shortly afterwards JBC got the green light, and on March 4, 2008, the first column was published — on why activism is frowned upon in Japan (because it’s associated with extremism). And off we went.

Nearly 10 years and 100 columns later, it is clear that, like the Debito.org archive (started 20 years ago, one of the oldest continuous personal websites on Japan) and daily blog (now 10 years old), JBC is in it for the long haul.

In this special anniversary column, let’s look back at what JBC has covered. The themes have been, in order of frequency:

(Read the rest in The Japan Times at http://www.japantimes.co.jp/community/2016/09/04/issues/jbc-marks-100-columns-million-page-views/.)

—————————-

Book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Press 2016) now out early in paperback: $49.99

Posted on July 9, 2016July 11, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. Sales of book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books, November 2015) in hardcover have been outstanding.

In less than a year after being published, WorldCat says as of this writing that 83 of the world’s major academic libraries worldwide (including Stanford, Cornell, UC Berkeley, Columbia, Harvard, Yale, and Princeton) already have it in their collections.

Now my publisher has brought it out in paperback early for classroom use (it usually takes a year or two before that happens). Price: Less than half the hardcover price, at $49.99. It currently occupies the first spot of Lexington’s Sociology Catalog this year under Regional Studies: Asia (page 33).

Now’s your chance to get a copy, either from the publisher directly or from outlets such as Amazon.com. Read the research I spent nearly two decades on, which earned a Ph.D., and has for the first time 1) generated talk within Japanese Studies of a new way of analyzing racism in Japan (with a new unstudied minority called “Visible Minorities“), and 2) applied Critical Race Theory to Japan and found that the lessons of racialization processes (and White Privilege) still apply to a non-White society (in terms of Wajin Privilege).

Get the book that finally exposes the discrimination in Japan by physical appearance as a racialization process, and how the people who claim that “Japan has only one race, therefore no racism” are quite simply wrong. Further, as the book argues in the last chapter, if this situation is not resolved, demographically-shrinking Japanese society faces a bleak future.

“Embedded Racism: Japan’s Visible Minorities and Racial Discrimination.” Now out in paperback on Amazon and at Lexington Books. Dr. ARUDOU, Debito

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

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

mytest

JUST BE CAUSE

Police still unfettered by the law, or the truth
Repeat-offender Ibaraki force called to account for backsliding on the issue of hotel snooping
By Debito Arudou. Column 98 for The Japan Times Community Page, June 6, 2016 Version updated with links to sources.
http://www.japantimes.co.jp/community/2016/06/05/issues/japans-police-still-unfettered-law-truth/

Japan’s police are at it again: Lying about the law.

A reader with the pseudonym Onur recently wrote to me about his experience in the city of Mito, Ibaraki Prefecture, when he checked into a hotel. Even though Onur clearly indicated he was a legal resident of Japan with a domestic address, clerks demanded he present his passport for photocopying. They pointed to a sign issued by the Ibaraki Prefectural Police.

But that poster has three great big stripy lies: 1) “Every foreign guest must present their passport” 2) “which must be photocopied” 3) “under the Hotel Business Law” — which states none of these things. Not to mention that Japan’s registered foreign residents are not required to carry around passports anyway.

What’s particularly egregious about this sign is that the Japanese police know better — because we told them so a decade ago.

The Japan Times first exposed how police were stretching their mandate in “Creating laws out of thin air,” Zeit Gist, March 8, 2005, and, later, two updates: “Ministry missive wrecks reception,” ZG, Oct. 18, 2005, and “Japan’s hostile hosteling industry,” Just Be Cause, July 6,2010.

It made an impact. Even the usually noncommittal U.S. Embassy took action, posting in their American Community Update of May 2005:

“After we sought clarification, according to the Environmental Health Division, Health Service Bureau, Ministry of Health, Labor and Welfare, the new registration procedure at lodging facilities does not apply to foreigners who are residents of Japan but only to tourists and temporary visitors. If you write a Japanese address on the check-in sheet, hotels are not supposed to ask for your passport.”

Right. So why do the Ibaraki police still feel they can lie about the laws they are entrusted to uphold?

Because … Ibaraki. I’ll get to that shortly…

But back to Onur, who also took action. He stayed an extra day in Mito and raised the issue with local authorities:

“I went to Mito City Public Health Department (Hokensho), who were very helpful, and confirmed that as a resident I need not show ID at hotels. Then I showed them the poster from the Ibaraki police department. Surprised, they said they had never seen this poster before, and the police had not contacted them about it. They said it is clearly different from the real law, especially the bit about ‘every foreign guest.’

“The Hokensho added that the police have become stricter because of the G-7 (Ise-Shima) summit and 2020 Tokyo Olympics. They said they would check the hotel and inform me of the result.”

But Onur wasn’t done yet: “Then I talked with two officers at the Mito City Police Department’s Security Division. They listened without making any comments. I showed them an official announcement from the Health Ministry and said that their poster is clearly different.

“The police read the ministry announcement and took notes like they were unaware of the law, asking questions like ‘Do the other hotels in other parts of Japan ask for your ID card?’ and ‘Isn’t checking the ID card necessary to confirm that a foreigner really has an address in Japan?’ I offered the contact number at Health Ministry for more information, but they said it wasn’t necessary. Finally, I asked them to fix their poster. They said they would check the law and behave accordingly.”

Shortly afterwards, Onur got a call from the Hokensho: “They checked my hotel and saw the poster was now changed. It seems the Ibaraki police had printed a new one and distributed it to all hotels within a few hours! The Hokensho said the new poster clearly states ‘foreign nationals who do not possess an address in Japan,’ which follows regulations. They said the police warned the hotel not to make the same mistake again. Finally, they thanked me for informing them about this problem.”

Well done. It’s satisfying to have others retrace our steps and get even better results. It’s just a shame that he should have to.

However, two issues still niggle. One is that photocopying requirement, which, according to The Japan Times’ own legal columnist, Colin P. A. Jones, may also be questionable:

“According to the Personal Information Protection Act (Kojin Joho Hogo Ho), the hotel should explain to you why they are collecting personal information from you, which is what they are doing if they take a copy of your passport,” Jones said in an email. “So if they can confirm that you are a resident of Japan by looking at your residence card or driver’s license, they do not need to take a copy because they have confirmed that the Hotel Act no longer applies. If they take a copy they are collecting personal information beyond what is necessary for the expressed purpose. In my experience, once you point this out, hotel staff then start mumbling about ‘their policies,’ but of course those don’t trump the law.”

Second issue: Ibaraki.

Ibaraki is where cops take local grumps seriously when they report a “suspicious foreigner” standing near JR Ushiku Station — seriously enough to arrest him on Aug. 13, 2014, for not carrying his “gaijin card.” Well, that “foreigner” turned out to be a Japanese, and Japanese are not required to carry ID. Whoops.

Ibaraki is also the site of a mysterious and under-reported knife attack on Chinese “trainee” laborers (the Japan Times, Feb. 23, 2015), which resulted in an a~~s-yet-unresolved~~[*] murder. (Funny that. Imagine the media outcry if foreigners had knifed Japanese!)

Do Ibaraki police have anything to do with this? Actually, yes.

Ibaraki police have posted in public places some of Japan’s most militantly anti-foreign posters. I mean this literally: Since 2008, at least three different versions have depicted cops, bedecked in paramilitary weaponry, physically subduing foreigners. The slogan: “Protect (Japan) by heading (foreigners) off at the shores.”

Ibaraki police have also offered the public online information about “foreign crime infrastructure,” as if it’s somehow separate from or more ominous than the yakuza. They claim that foreigners are responsible for drugs, illegal medical activities, underground taxis, false IDs — and paternity scams to get Japanese citizenship. And, conveniently, the National Police Agency argued within its 2010 white paper that foreign crime infrastructure “cannot be grasped through statistics” (see “Police ‘foreign crime wave’ falsehoods fuel racism,” JBC, July 8, 2013). It’s enough to make the public paranoid.

And Ibaraki is a strange place for such militancy. It does not have a particularly high concentration of foreigners. Except for, of course, those behind bars at Ibaraki’s Ushiku Detention Center.

Japan’s infamous immigration detention centers, or “gaijin tanks,” are where foreign visa overstayers and asylum seekers are left to rot indefinitely in what Amnesty International in 2002 called “secret detention facilities.” Gaijin tanks don’t get the oversight governing Japan’s prisons because the former do not officially qualify as “prisons.” They’re pretty bad places to be.

And Ushiku’s gaijin tank is notoriously bad. It has made headlines over the past decade for drugging and subjecting detainees to conditions so horrendous that they have gone on hunger strikes, committed suicide or died having received improper medical care and under other mysterious circumstances.

Therein lies the point I keep banging on about in this column: What happens when racial discrimination is left unrestrained by laws? It just gets normalized and embedded.

Treating people badly without official checks and balances eventually makes abuse tolerated and ignored — like background radiation. And, fueled by the innate fear of The Outsider, the abuses just get worse and worse. Because they can.

In this case, the unfettered xenophobia radiating from the Ushiku Detention Center, Ibaraki’s fast-breeder reactor of foreigner dehumanization and abuse, has clearly corroded Ibaraki police’s judgment — to the point where they feel they can outright lie about the laws they are supposed to enforce, and have their propaganda irradiate hotels, street-corner busybodies and the general public.

It’s time for people to realize that Japanese police’s free rein to maintain our allegedly “safe society” has limits. For officially treating an entire people as potentially “unsafe” is dangerous in itself.

Ibaraki Prefecture thus offers a fascinating case study. Of what happens to a neighborhood when xenophobia goes beyond the occasional international summit or sports event, and becomes regularized into official extralegal standard operating procedure.

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

Debito’s latest project is the mockumentary film “Go! Go! Second Time Gaijin,” which is now being funded on Kickstarter. Twitter @arudoudebito. Send all your comments and story ideas to community@japantimes.co.jp.

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

[*] Correction: According to Chinese media translated into Japanese, the abovementioned knife attack and murder of Chinese “Trainees” has resulted in the arrest of 5 Vietnamese nationals:

日本の中国人技能実習生、ベトナム人5人に包丁で襲われ1人死亡1人負傷＝茨城県警察は殺人と殺人未遂容疑で逮捕―中国紙
http://www.recordchina.co.jp/a114724.html

2015年7月23日、人民日報（電子版）は日本の報道を引用し、中国人技能実習生を殺害したとして、茨城県警察が殺人と殺人未遂の容疑でベトナム人5人を逮捕したと伝えた。

警察によると、今年2月22日午後9時40分ごろ、当時農業技能実習生だった中国人の孫文君（スン・ウェンジュン）さん（33）は茨城県鉾田市の路上を同僚と歩いていた際、包丁を持ったベトナム人の男女5人に襲われた。

これにより孫さんは死亡し、もう1人の中国人技能実習生も負傷した。その後の調査で、ベトナム人男女らの中には元農業技能実習生もおり、警察は動機などについて調べを進めている。（翻訳・編集/内山）ENDS

JT: Diet passes Japan’s first law to curb hate speech. Hurrah, but.

Posted on May 24, 2016May 24, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. A first step towards Debito.org’s overarching goal — a law against racial discrimination in Japan — happened yesterday: Some kind of legislation to curb public expression of racism, in the form of a law against hate speech.

Now, Debito.org cannot wholeheartedly support this law for the reasons noted in the article below: It defines “hate speech” only narrow-band (only covering legal residents of Japan), it doesn’t actually encode punishments or penalties, and it joins all of Japan’s other laws that ineffectually ban things only in principle and get ignored in practice (such as Japan’s Equal Employment Opportunity Law, which has not curbed male-female wage and promotion differentials one whit outside of a lengthy and risky Japanese court process). It is, as critics say below, mere window-dressing to make Japan look like a “civilized” country to its neighbors. That said, I’m going to opt that it’s better to have some law that acknowledges the existence of a problem (as opposed to what’s been going on before; even the article indicates below there was a hate rally on average more than once a day somewhere in Japan). Let it potentially chasten xenophobes and indicate that minorities in Japan are here to stay and deserve dignity, respect, and the right to be unstigmatized. Dr. ARUDOU, Debito

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

Diet passes Japan’s first law to curb hate speech
BY TOMOHIRO OSAKI
STAFF WRITER
The Japan Times, May 24, 2016
http://www.japantimes.co.jp/news/2016/05/24/national/social-issues/diet-passes-japans-first-law-curb-hate-speech/

Japan’s first anti-hate speech law passed the Diet on Tuesday, marking a step forward in the nation’s long-stalled efforts to curb racial discrimination.

But the legislation has been dogged by skepticism, with critics slamming it as philosophical at best and toothless window dressing at worst.

The ruling coalition-backed law seeks to eliminate hate speech, which exploded onto the scene around 2013 amid Japan’s deteriorating relationship with South Korea.

It is the first such law in a country that has long failed to tackle the issue of racism despite its membership in the U.N.-designated International Convention on the Elimination of All Forms of Racial Discrimination.

Critics, however, have decried the legislation as ineffective.

While it condemns unjustly discriminatory language as “unforgivable,” it doesn’t legally ban hate speech and sets no penalty.

How effective the law will be in helping prevent the rallies frequently organized by ultraconservative groups calling for the banishment or even massacre of ethnic Korean residents remains to be seen.

Critics including the Japan Lawyers Network for Refugees have also pointed out the law is only intended to cover people of overseas origin and their descendants “who live legally in Japan.”

The law’s mention of legality, they say, will exclude many foreign residents without valid visas, such as asylum seekers and overstayers.

Submitted by lawmakers from the Liberal Democratic Party and Komeito, the bill initially limited its definition of hate speech to threats to bodies, lives and freedom of non-Japanese as well as other incendiary language aimed at excluding them.

But at the urging of the Democratic Party, the scope of the legislation was expanded to cover “egregious insults” against foreign residents.

The law defines the responsibility of the state and municipalities in taking measures against hate speech, such as setting up consultation systems and better educating the public on the need to eradicate such language.

The Justice Ministry’s first comprehensive probe into hate speech found in March that demonstrations organized by the anti-Korean activist group Zaitokukai and other conservative organizations still occur on a regular basis, although not all involve invectives against ethnic minorities.

A total of 347 such rallies took place in 2013, while 378 were held in 2014 and 190 from January through September last year, the Justice Ministry said. ENDS

April 15, 1996: Twenty years of Debito.org. And counting.

Posted on April 15, 2016April 15, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. As of today (JST), Debito.org has been in action for twenty years.

That means two decades of archiving issues of life and human rights in Japan.

After starting out as an archive of my writings as Dave Aldwinckle on the Dead Fukuzawa Society (an old-school open mailing list that once boasted some of the biggest names in Japanese Studies as members, but eventually succumbed to a death by a thousand spammers), Debito.org, with assistance from internet mentors like Randal Irwin at Voicenet, soon expanded to take on various contentious topics, including Academic Apartheid in Japan’s Universities, The Gwen Gallagher Case, The Blacklist (and Greenlist) of Japanese Universities, The Community in Japan, The Otaru Onsens Case, the Debito.org Activists’ Page and Residents’ Page, book “Japanese Only” in two languages, the Rogues’ Gallery of Exclusionary Establishments (which became the basis of my doctoral fieldwork), racism endemic to the National Police Agency and its official policies encouraging public racial profiling, the “What to Do If…” artery site, our “Handbook for Newcomers, Migrants and Immigrants to Japan” (now in its 3rd Edition), the overpolicing of Japanese society during international events, the reinstitution of fingerprinting of NJ only at the border, the establishment of the Foreign Residents and Naturalized Citizens Association (FRANCA), the 3/11 multiple disasters and the media scapegoating of foreign residents (as “flyjin”), the archive of Japan Times articles (2002- ) which blossomed into the regular JUST BE CAUSE column (2008- ), and now the acclaimed academic book, “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books 2016).

Debito.org has won numerous awards, been cited in publications worldwide, and its work noted in reports from organizations such as the US State Department and The United Nations. With thousands upon thousands of documents and reference materials, Debito.org remains one of the oldest continuously-maintained websites on Japan. It is THE website of record on issues of racial discrimination and human rights for Visible Minorities in Japan, and, for some, advice on how to make a better, more stable, more empowered life here. It has outlasted at least two stalker websites, a faux threat of lawsuit, an insider attempt to artificially set its Google Page Rank at zero, and cyberhackings. And it will continue to go on for as long as possible.

I just wanted to mark the occasion with a brief post of commemoration. Thank you everyone for reading and contributing to Debito.org! Long may we continue. Dr. ARUDOU, Debito

P.S. Let us know in the comments section which part(s) of Debito.org you’ve found helpful!

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

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

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

mytest

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

April 12, 2016
Hello Dr. Debito,

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

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

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

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

IbarakipolicehotelposterApr2016

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

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

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

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

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

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

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

Regards, Onur

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

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

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

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

And how about these Debito.org entries?

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

Debito.org, Thursday, February 26th, 2015

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

Debito.org, Tuesday, August 26th, 2014

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

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

Debito.org, Monday, May 24th, 2010

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

Debito.org, Monday, March 22nd, 2010

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

Debito.org, Friday, March 12th, 2010

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

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

Debito.org, Wednesday, March 16th, 2016

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

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

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

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

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

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

JT: Japan’s public baths hope foreign tourists and residents will keep taps running; oh, the irony!

Posted on February 7, 2016February 8, 2016 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s another quick one that’s just dying for a shout-out specially on Debito.org for its delightful irony:

In yet another example of how Japan’s economy is not going to save itself unless it allows in and unlocks the potential of its foreign residents, here we have the flashpoint issue for “Japanese Only” signposted exclusionism: public baths (sento or onsen). As per the Otaru Onsens Case (which has inspired two books), we had people who did not “look Japanese” (including native-born and naturalized Japanese citizens) being refused by xenophobic and racist bathhouse managers just because they could (there is no law against it in Japan).

Now, according to the Japan Times below (in a woefully under-researched article), the bathhouse industry is reporting that they are in serious financial trouble (examples of this were apparent long ago: here’s one in Wakkanai, Hokkaido that refused “foreigners” until the day it went bankrupt). And now they want to attract foreign tourists. It’s a great metaphor for Japan’s lack of an immigration policy in general: Take their money (as tourists or temporary laborers), but don’t change the rules so that they are protected against wanton discrimination from the locals. It’s acceptance with a big, big asterisk.

Admittedly, this is another step in the right direction. But it’s one that should have been done decades ago (when we suggested that bathhouse rules simply be explained with multilingual signs; duh). But alas, there’s no outlawing the racists in Japan, so this is one consequence. Dr. ARUDOU, Debito

A sign in English at a sento helps non-Japanese customers, in a bid to draw more custom. | SATOKO KAWASAKI

Japan’s public baths hope foreign tourists will help keep the taps running
BY SATOKO KAWASAKI, STAFF PHOTOGRAPHER
THE JAPAN TIMES, JANUARY 5, 2016
http://www.japantimes.co.jp/news/2016/01/05/national/japans-public-baths-hope-foreign-tourists-will-help-keep-the-taps-running/

Japan’s public baths, known as sento, represent an institution with hundreds of years of history. They provided an important public service in the days before homes had their own hot-water bathtubs.

Sento can range in style from simple hot springs piped into a large tub to modern facilities resembling theme parks and offering a range of therapies.

In the Edo Period (1603-1868), sento were so popular that every town had on. They were important centers of the community.

Sento are on the decline both because homes now have fully fledged bathrooms and because retiring operators find it hard to find successors to take on their businesses. There are now around 630 establishments in Tokyo, down from 2,700 in 1968, a peak year for sento.

Faced with this trend, the Tokyo Sento Association is trying to tap demand from non-Japanese residents and tourists.

It has installed explanatory signs at each facility showing non-Japanese speakers how to use a sento in five languages. It also plans to create an app for people to search for sento in English.

ENDS

JT: Anchorwoman who fled Japan during Fukushima crisis to get lost salary from NHK: So much for “Flyjin” myth.

Posted on December 5, 2015December 5, 2015 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s something else that happened a few weeks ago that warrants mention on Debito.org, if only to show that NJ do sometimes get the justice they seek in Japanese courts (it only took nearly three years). And given the text of the court decision itself, so much for the accusations made about NJ “Flyjin” deserting their posts. Rubbish then, verifiably so now. It was all just bullying, and in this case lying about the record by NHK in court (also known as perjury, but this being both Japan and NHK, nothing will come of it). Dr. ARUDOU, Debito

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

Anchorwoman who fled Japan during Fukushima crisis to get lost salary from NHK
BY TOMOHIRO OSAKI, THE JAPAN TIMES, NOV 16, 2015
http://www.japantimes.co.jp/news/2015/11/16/national/anchorwoman-fled-japan-fukushima-crisis-get-lost-salary-nhk/

The Tokyo District Court on Monday nullified a decision by NHK to end the contract of a French anchorwoman who temporarily fled Japan during the Fukushima nuclear crisis in March 2011.

The ruling also declared that Emmanuelle Bodin’s decision to leave Japan in the face of the nation’s worst-ever nuclear crisis and prioritize her life over work did not represent professional negligence.

“Given the circumstances under which the Great East Japan Earthquake and Fukushima No. 1 plant’s nuclear accident took place, it is absolutely impossible to criticize as irresponsible her decision to evacuate abroad to protect her life,” the ruling said.

Although lauding those who remained at work with the public broadcaster following the disasters, the court said NHK “cannot contractually obligate people to show such excessive allegiance” to the company.

Bodin’s attorneys said it is not clear how the ruling will affect similar cases, if any, that involve non-Japanese often labeled as “flyjin,” a play on the word gaijin (foreigner), who missed work because they fled the disaster.

“My pursuit of justice has finally been vindicated,” Bodin, 58, told a news conference in Tokyo.

“Today, we are reminded once again that it is the responsibility of a company, regardless of how powerful an organization it is, to take good care of its employees and treat them with fairness and compassion,” she said in Japanese.

The court ordered NHK to pay her ¥5.14 million in unpaid salary that she would have received had she been allowed to renew her contract for the following fiscal year.

Bodin, who worked as an anchor and translator for NHK radio programs for more than 20 years, fled Japan in the immediate aftermath of the Fukushima crisis in accordance with an instruction issued by the French government to evacuate the country.

Prior to departing on March 15, 2011, Bodin asked her colleague, a veteran French anchorman in his 70s, to substitute for her while she was away to ensure her absence would cause no major trouble for the company.

She then called a superior in her radio news section notifying the person that she was temporarily leaving the country but would return by the end of the month and that she had arranged for her colleague to cover her shifts. The manager responded by giving approval, according to the ruling.

A week after that, NHK sent Bodin a letter notifying her that her contract would shortly be discontinued, providing no detailed explanations as to why.

The terse letter only reminded her of abstract provisions of her contract that stipulate employees can be sacked if “the circumstances demanded so” or if their work performance is deemed “so inadequate it has no sign of improvement.”

Over the course of the nearly three-year-long trial, NHK squarely contradicted Bodin’s claim, even going so far as to say that she did not call her French colleague in the first place, according to her lawyers. It also said Bodin’s call with her superior lasted just 20 to 30 seconds, and that in it she had “unilaterally” conveyed her intention to skip her anchoring duty scheduled for hours later and promptly hung up. The French colleague also testified in favor of NHK, claiming that he had received no such call from her.

However, her phone records, presented to the court by her lawyers, clearly showed she had spoken both to the colleague and her superior for more than five and two minutes, respectively, Bodin’s lawyers said.
ENDS

Happy Joy Day: My book “Embedded Racism” arrives on my shelves; happy photo

Posted on December 4, 2015December 5, 2015 by Debito Arudou, Ph.D.

mytest

It’s my first hardcover book published in the United States. How sweet it is. Just wanted to share the joy. Holding your new book in your hand is one of the greatest feelings an author can have. May you all experience the feeling for yourselves someday (if you haven’t already). Dr. ARUDOU, Debito

20th Standard Charted Hong Kong Marathon Japan tour registration is “Japanese Only”: “Applications from non-Japanese runners ‘invalid’, deposit payment not refunded.”

Posted on November 9, 2015November 13, 2015 by Debito Arudou, Ph.D.

mytest

Hi Blog. We’ve seen exclusionism in Japan’s sports leagues before (baseball, hockey, the Kokutai, the Ekiden, and Sumo, for example). Now we can see that Japan uses the same exclusionary practices when it processes paying customers to participate in overseas events THROUGH Japanese companies. Such as can be seen here at the 20th Standard Charted Hong Kong Marathon, which refuses all NJ customers (and will not refund their application fees, either):

Source: http://www.hkmarathon.jp, courtesy of HW.

Screen captures of the site, dated November 9, 2015:

Note the bottom-right black box that says [ONLY JAPANESE].

This is reconfirmed when you scroll down to the next section, where it says in red script:

This tour is designed exclusively for Japanese people.
Applications from other nationalities are not acceptable. Applications from non-Japanese runners will be treated as “invalid” and any deposit payment would not be refunded.

And again in the right-hand column, just for good measure before you click on anything:

“This website is designed exclusively for Japanese people. Applications from other nationalities are not acceptable. Applications from non-Japanese runners will be treated as “invalid” and any deposit payment would not be refunded.”

Who is managing this? Again, scrolling down.

We have Kinki Nippon Tourist Agency, The Club Tourism Marathon Tour (their slogan, “Let’s run the world!”), and HIS Travel Agency (aka No. 1 Travel, which has had “Japanese Only” pricing and different (higher) prices for foreign customers in the past).

Who’s sponsoring this? The Hong Kong Amateur Athletic Association, Standard Chartered Bank, and the Hong Kong Tourist Agency. I wonder if they know this is going on.

COMMENT: What’s wrong with this? The assumption that anyone who does not have a Japanese passport is not a resident of Japan. What about those people living permanently in Japan who might like to join this tour but do not have citizenship? How are they supposed to partake in this tour? Oh, I guess as customers, they just don’t count because they’re foreign. I would love to hear how this was justified at their board meetings when they decided upon this exclusionary policy.

As submitter HW said, “Apparently marathons are only for Japanese people. I wonder if they will let us watch, though?” Dr. ARUDOU, Debito

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

UPDATE NOVEMBER 12, 2015: After the Hong Kong sponsors were contacted by Debito.org Readers, the Japanese marathon tour site was amended to read:

“This tour is designed exclusively for people residing in Japan. Applications from other countries are not acceptable. Applications from runners who are not residing in Japan will be treated as “invalid” and any deposit payment would not be refunded. ”

The Hong Kong Tourism Association has written (full letter below):

After receiving your email, we have immediately communicated with the Hong Kong Amateur Athletic Association (HKAAA), who is the organiser of Standard Charted Hong Kong Marathon. According to HKAAA, all people who are residing in Japan, regardless of their nationalities, are allowed to join the mentioned tour. They have already advised the tour operator “Kinki Nippon Travel” to amend relevant wordings on the registration site.

Gone is the assumption that foreigners in Japan are not residents of Japan. Bravo HKAAA and HKTA for their quick and decisive work. And also thank you Debito.org Readers.

UPDATE NOVEMBER 13, 2015:

Alas, the job is not quite done. On the application website itself, the requirement of Japanese Citizenship is still there. More details here.

UPDATE: Kyoto Tourist Association replies, tells Kyoto hotel “Kyou no Yado” to stop “Japanese speakers only” rules

Posted on November 14, 2009March 28, 2021 by Debito Arudou, Ph.D.

mytest

UPDATES ON TWITTER: arudoudebito
Hi Blog. Regarding an issue I blogged here about earlier this week, about a hotel named “Kyou no Yado” that advertised on its Rakuten Travel listing that it would refuse any customer who did not speak Japanese, an update:

I contacted the Kyoto Tourist Association, the Kyoto City Tourism Board, and the National Tourism Agency in Tokyo about this issue with handwritten letters last Monday. I received a letter yesterday sokutatsu (included below) from the Kyoto Tourist Association, as well as a personal phone call yesterday afternoon from a Mr Sunagawa there, who told me the following:

The hotel was indeed violating the Hotel Management Law (which holds that people may only be refused lodgings if all rooms were booked, there was threat of contagious disease, or endangerment of “public morals”) by refusing people who could not speak Japanese,
The hotel was hereby advised by KTA to change its rules and open its doors to people regardless of language ability,
The hotel did not protest, and in fact would “fix” (naosu) its writeup on its Rakuten Travel entry,
The hotel hasn’t gotten to it yet, but assuredly would. (It still hasn’t as of this writing.)

I asked what was meant by “fix”, and whether the language would just be shifted to find another way to refuse people again in violation of the Hotel Management Law. Mr Sunagawa wasn’t sure what would be done, but they would keep an eye on it, he said.

Mr Sunagawa was very apologetic about my treatment, especially given the rudeness of Kyou no Yado’s written reply, and hoped that I would consider coming back to Kyoto soon and not have an unfavorable impression of it.

COMMENT: This is far better than I expected. The KTA had told me on Monday that they had no real authority (kyouseiryoku) here to advise a nonmember hotel, yet here they were taking this up and making the call. I guess Kyou no Yado’s reply was really unbecoming to the situation. Bravo. Quite honestly, given the fact that I’ve contacted a number of authorities regarding local exclusionary signs and rules (which usually resulted in nothing being done), I wasn’t even expecting an answer (hey, bureaucrats will get paid anyway even if they sit on their hands; avoiding work is easier for them).

Find another exclusionary hotel like this? Contact the local town or city tourist agency and include the letter from the KTA below, referring to it as a template for how some government agencies do get off their duff. Anyone want to do that for the exclusionary hotel in Wakkanai? (“Itsuki”, the one which outright refuses all foreign clients, even cancels reservations if the customer’s name looks to be foreign). Be my guest. Don’t be theirs.

Meanwhile, let’s keep an eye on “Kyou no Yado’s” Rakuten Travel listing. Arudou Debito in Sapporo

Letter from KTA follows, click to expand in browser:

ENDS

“Japanese speakers only” Kyoto exclusionary hotel stands by its rules, says it’s doing nothing unlawful

Posted on November 10, 2009March 28, 2021 by Debito Arudou, Ph.D.

mytest

UPDATES ON TWITTER: arudoudebito

Hi Blog. As is my wont, I don’t like to leave exclusionary business practices alone. Even if that means letter writing and cajoling people to cease a bad habit. What gets me is when even cajoling doesn’t work, and the cajoled turns uncharacteristically rude towards a paying customer. Then I get mad.

Background: Last October, I attended a writers’ conference in Kyoto, and discovered that even in September just about all hotels in Kyoto were booked (it was approaching peak fall color season). The only one left was a place in Fushimi that advertised online that they refused anyone who could not speak Japanese. This is, by the way, contrary to the Hotel Management Law (Ryokan Gyouhou, which can only refuse customers if all rooms are taken, or if there is a health or a “public morals” problem).

I tried to vote with my feet and find alternative accommodation, but wound up having no choice, and made the reservation with the Fushimi place. I did, however, the night before going down, find last-minute alternative accommodations at an unexclusionary hotel (at more than double the price). Then I paid in cash by post to the Fushimi place the sizeable cancellation fee for the last-minute switch.

But I also enclosed a handwritten letter telling them why I cancelled, expressing my discontent with the rule that people would be refused for a lack of Japanese language ability (what with this tourist town, there are always ways to communicate — including speaking electronic dictionaries; how does one judge sufficient “language abilities”? and what about deaf or mute Japanese? etc. etc.). I also asked them to repeal this exclusionary rule, pointing out that it was an unlawful practice.

I got a rude reply back. Without addressing me by name, I got a terse letter without any of the formal aisatsu or written tone that a customer-client relationship in this society would warrant. It also included further spurious insinuated logic that since they couldn’t speak any foreign languages, this business open to the public was somehow not bound to provide service to the general public. They also categorically denied that their rules are unlawful, coupled with the presumptuous claim that since they didn’t refuse me it was odd for me to feel any disfavor with their system. And more. In other words, thanks for your money, but we can do as we please, so sod you.

Now I’m mad. I sent this exchange off yesterday with a handwritten note to the Kyoto City Government Department of Tourism and the Kyoto Tourist Association, advising them to engage in some Administrative Guidance. The latter organization has already told me that they are a private-sector institution, and that since this hotel is not one of their members they have no influence in this situation. And if the city does get back to me (I’ve done this sort of thing before; government agencies in Japan have even abetted “Japanese Only” hotels), I’ll be surprised. But I’m not letting this nasty place slide without at least notifying the authorities. This is just one more reason why we need a law against racial discrimination.

Here come the letters I sent, scanned, plus the reply. Click on any image to expand in your browser. Arudou Debito in Sapporo

(And a quick word to the Protest Letter Police: I’m not in the mood to have my grammar corrected, so don’t bother; my letters below have not been proofread by native speakers, but I think they get my points across just fine. I’m doing the best that I can, and if you think that a letter has to be perfect before it goes out, and I’m somehow “shaming the entire gaijin community” if it’s not, fuck off. Here are the letters warts and all.)

My letter to the Hotel, Kyou no Yado Fushimi: