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DEBITO.ORG NEWSLETTER AUGUST 25, 2020
Table of Contents:
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THE EMBEDDED RACISM IN JAPAN’S BORDER POLICIES
1) The text of the Ministry of Justice’s “Foreigner Re-Entry Ban”, on paper. Debito.org Readers are invited to offer their experiences in practice.
2) Human Rights Watch calls for law against racial discrimination in Japan, in light of COVID and BLM
3) Followup: Mark proposes a class-action lawsuit, against Japan Govt for Foreign Resident Travel Ban, to Human Rights Watch Japan
SAME WITH JAPAN’S UNIVERSITIES
4) Former student reports on how “Tokyo International University segregates and exploits its foreign students”
SOME BETTER NEWS
5) Cabby on “Ten Days in May: A Memorable Japan Hospital Experience during the COVID-19 Crisis”
…and finally…
6) “A Despotic Bridge Too Far”, Debito’s SNA Visible Minorities column 12 on Japan’s racist blanket ban on Foreign Resident re-entry
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By Debito Arudou, Ph.D. (debito@debito.org, www.debito.org, Twitter @arudoudebito)
Debito.org Newsletters are, as always, freely forwardable
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THE EMBEDDED RACISM IN JAPAN’S BORDER POLICIES
1) The text of the Ministry of Justice’s “Foreigner Re-Entry Ban”, on paper. Debito.org Readers are invited to offer their experiences in practice.
SIM: The manner in which the government has taken this policy of banishing any legal resident with a foreign passport from returning to their livelihood, their family and any assets that they hold if they set one foot outside Japan because of a virus that cannot see the color of said passport is underhand to say the least. Adding insult to injury is the law on which the MoJ is basing this discriminatory treatment. From a document called “Regarding refusal of landing to prevent the spread of COVID-19 (novel Coronavirus)” on the MoJ website, I have found that the legislation relied upon is Article 5 of Immigration Control and Refugee Recognition Act which reads as follows:
“Article 5 (1) A foreign national who falls under any of the following items is denied permission to land in Japan:
“Paragraphs (i) to (xiii) (abbrev.)
“(xiv) Beyond those persons listed in items (i) through (xiii), a person whom the Minister of Justice has reasonable grounds to believe is likely to commit an act which could be detrimental to the interests or public security of Japan.”
Basically, this shows that the government of Japan believes that, with the outbreak of COVID-19, notwithstanding the fact that we may be legal residents and taxpayers, anybody with a foreign passport is a ‘danger’ to the nation and should be banished if they dare to venture outside of its borders.
DEBITO: Debito.org invites Readers to comment on their experiences with the Ministry of Justice at the border. Whether it’s a) you left and re-entered without incident, b) you inquired about leaving in advance and received information that inspired or dispelled confidence in the process, c) you received an unexpected surprise at the border despite all the information you had, d) you wound up in exile, etc., please let us know. Please use a pseudonym. What follows are some excerpts of some of what I’ve heard so far:
https://www.debito.org/?p=16179
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2) Human Rights Watch calls for law against racial discrimination in Japan, in light of COVID and BLM
HRW (machine translated): “Black Lives Matter” (black lives are also important) and a protest against racism spread from the United States to the world and were held in Japan. The Convention on the Elimination of Racial Discrimination, which is also ratified by Japan, is said to include not only racial discrimination but also discrimination based on skin color and ethnicity.
Even in Japan, there are people who have been exposed to discrimination and prejudice, such as Koreans living in Japan. According to a Ministry of Justice survey released in 2017, 25% of the people were refused employment because they were foreigners, and about 40% were refused. About 11% of people consulted somewhere because of discrimination. The fact that the victim is crying himself to sleep instead of getting assistance becomes apparent.
Before the spread of the new coronavirus, Japan had a chronic shortage of manpower and the government created a new status of residence. Once the infection is settled, it will return to the situation of actively accepting foreigners. It must be said that Japan is not ready for a society that lives with many people of different races, ethnicities, religions, and nationalities.
For many years, I have thought that Japan, like many developed countries, needs to enact “Racism Prevention Law.” The effect of the government’s rule is easy to understand, considering the fact that societies have changed significantly in the fields of hiring, dismissal, and sexual harassment in the decades since the Equal Employment Opportunity Law was enacted. Though far from true gender equality, it would be horrifying if there were no law.
Now is the time to start discussing anti-racism laws.
https://www.debito.org/?p=16195
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3) Followup: Mark proposes a class-action lawsuit, against Japan Govt for Foreign Resident Travel Ban, to Human Rights Watch Japan
Mark: I would like to point the fact that foreigners in Japan (including me) have been severely affected by a political decision implemented in the form of a travel ban. As a consequence, thousands of families in Japan have been divided and many have suffered mental distress. As a majority of foreign residents in Japan have low socioeconomic status, it is almost impossible for most “gaikokujin” to challenge the Travel Ban in courts in Tokyo (due to lawyer’s expenses).
I have been in contact with some academics and lawyers in Japan and one of them suggested the idea of filling a “Class Action Lawsuit” in Tokyo because the “Travel Ban” violates Article 14 of Japan’s Constitution:
第十四条 すべて国民は、法の下に平等であつて、人種、信条、性別、社会的身分又は門地により、政治的、経済的又は社会的関係において、差別されない。
Article 14. All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.
An American Lawyer at an International Firm in Tokyo privately agreed but recommended proceeding in court via an NGO. Would it be possible for Human Rights Watch Japan to fill a “Class Action Lawsuit” to protect migrants, refugees and all the foreign community in Japan? Others are welcome to contact Human Rights Watch Japan and offer their support.
UPDATE AUG 10, 2020 FROM MARK:
Debito.org readers are welcome to write how the travel ban affected you and your family. Please send a copy of your experience in your native language to: debitoorg.classaction.petrographers@protonmail.com
We are collecting evidence for a lawsuit and need your help! Any language is acceptable; English, Japanese, Romance languages (French, Spanish, Italian), Chinese, Korean, etc.
https://www.debito.org/?p=16201
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SAME WITH JAPAN’S UNIVERSITIES
4) Former student reports on how “Tokyo International University segregates and exploits its foreign students”
John Doe: “Tokyo International University (TIU), located in Kawagoe, Saitama, was founded in 1965. In 2014, they launched the new English Track (E-Track) program, where major courses would be taught entirely in English. The program catered to foreign students who did not speak Japanese, mostly from developing countries such as Vietnam, Indonesia, or Thailand. This allowed them to study a supposedly rigorous curriculum for a cheaper price compared to those in English-speaking countries such as the U.S. or Australia. Foreign students can also apply for a scholarship which reduces their tuition in full or in part, making the program even more attractive to them. On paper, the E-Track program at TIU sounds good, and to me, it seemed so when I applied to it in 2017. But, starting from 2018, things changed suddenly and it is no longer what it used to be now. I will explain […]
“I do not recommend TIU as a place for foreign students coming to Japan to learn Japanese skills to study. You will only be used as a means to teach their Japanese students English. Not only that, if you are a foreign student at TIU, then it is possible that you are being scammed out of your hard-earned money. It appears that they are trying to exploit their foreign students not only academically but also financially.”
https://www.debito.org/?p=16212
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SOME BETTER NEWS
5) Cabby on “Ten Days in May: A Memorable Japan Hospital Experience during the COVID-19 Crisis”
Here’s some good news for a change, where Cabby writes about a good experience he had in Japanese hospital in Okayama, Central Japan. With all the stories Debito.org has covered about how COVID has affected NJ Residents adversely, this story comes a welcome respite:
Ten Days in May: A Memorable Japan Hospital Experience during the COVID-19 Crisis
By Cabby, Exclusive to Debito.org, May 17, 2020
As if submerged in a deep dark viscous pool and slowing ascending to the surface, I awoke in the Intensive Care Unit of a hospital with doctor and two nurses in attendance. My vision was unfocused and mind disoriented. I saw I was enclosed in some type of clear vinyl box with what seemed like a wooden frame. The first external sound was that of a doctor asking if it was all right. My first mumbled utterance, “Where am I?” was answered with Okayama University Hospital I.C.U. The next words from the doctor were, “Is it okay for us to remove the ventilator? We need it for another patient.”
My confused reply . . . “What ventilator? What time is it? The doctor informed me it was Saturday afternoon and that I had been unconscious for about 26 hours. He asked once more about the ventilator. I now assume there was a matter of urgency to the request but at the time I was still quite groggy and did not even understand why I was on a ventilator. I answered, “if you think it is OK. You’re the doctor.” It was removed and in it’s place a large clear plastic oxygen mask was positioned over my nose and mouth.
As I began to regain a semblance of mental clarity I could see that I was in a large room with many patients. At the foot of the bed was a large blue and gray high-tech machine of some sort and a nurse sitting behind it. She was focused on a laptop computer resting on the surface of a tray in front of the mass of the machine. Before long the doctor returned and informed me that they were going to move me to a different part of I.C.U. to lessen the threat of COVID-19 infection. He also told me that I had been tested upon admittance and the results were negative. This was not my primary concern at the time. The very professional staff proceeded to wheel my bed along with the blue and gray machine down a short hallway to a somewhat more secluded section of the ward…
https://www.debito.org/?p=16092
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…and finally…
6) “A Despotic Bridge Too Far”, Debito’s SNA Visible Minorities column 12 on Japan’s racist blanket ban on Foreign Resident re-entry
SNA (Tokyo) — How bad does it have to get? I’m talking about Japan’s cruelty and meanness towards its Non-Japanese residents. How bad before people think to step in and stop it?
I think we now have an answer to that due to Japan’s recent policy excluding only foreigners from re-entry at its border, even if they’ve lived here for decades, as a by-product of the Covid-19 pandemic. Japanese re-entrants get let in after testing and quarantine; no other G7 country excludes all foreigners only.
Consequently, many Non-Japanese residents found themselves stranded overseas, separated from their Japanese families, lives and livelihoods, watching their investments dry up and visa clocks run out without recourse. Or perhaps found themselves stranded within Japan, as family members abroad died, and the prospect of attending their funeral or taking care of personal matters in person would mean exile.
However, protests against this policy have been unusually mainstream, including institutions who have been for generations largely silent regarding other forms of discrimination towards foreigners in Japan. Consider these examples of how institutionalized and embedded racism is in Japan:
You’re probably aware that Japan has long advertised itself as a “monocultural, homogeneous society,” denying that minorities, racial or ethnic, exist within it. But did you know that Japan still refuses to include Non-Japanese residents as “people” in its official population tallies? Or to list them on official family registries as “spouses” of Japanese? Or that Japan’s constitution expressly reserves equality under the law for Japanese citizens (kokumin) in its Japanese translation? This complicates things for all Non-Japanese residents to this day…
Read the entire article at http://shingetsunewsagency.com/2020/07/20/visible-minorities-a-despotic-bridge-too-far/
Anchor site for comments at https://www.debito.org/?p=16172
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That’s all for this month. Thanks for reading!
DEBITO.ORG NEWSLETTER AUGUST 25, 2020 ENDS
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