DEBITO.ORG NEWSLETTER NOVEMBER 6, 2013

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DEBITO.ORG NEWSLETTER NOVEMBER 6, 2013

Table of Contents:

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GOOD NEWS
1) Kyoto District Court orders anti-Korean Zaitokukai to pay damages in first J court decision recognizing hate speech as an illegal form of racial discrimination
2) Come back Brazilian Nikkei, all is forgiven!, in a policy U-turn after GOJ Repatriation Bribes of 2009
3) Tokyo Metro Govt issues manual for J employers hiring NJ employees: Lose the “Staring Big Brother” stickers, please!
4) Japan Times Community Pages expanding from two-page Tuesdays to four days a week

BAD NEWS
5) AFP: Asylum-seeker dies after collapsing at J detention center while doctor at lunch
6) Dr. Kitaoka Shinichi, Chair of Council on Security and Defense Capabilities, speaks at UH EWC Oct 11, 2013 on Japan’s need to remilitarize

MIDDLING NEWS
7) Donald Keene Center opens in Kashiwazaki, Niigata Prefecture. His life and library can be seen, for a price.
8 ) TheDiplomat.com: “In Japan, Will Hafu Ever Be Considered Whole?”, on the debate about Japan’s increasing diversity

… and finally …
9) Japan Times JUST BE CAUSE Column 68 Oct 1 2013: “Triumph of Tokyo Olympic bid sends wrong signal to Japan’s resurgent right”
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By ARUDOU, Debito (debito@debito.org, www.debito.org, Twitter @arudoudebito)
Freely Forwardable

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GOOD NEWS

1) Kyoto District Court orders anti-Korean Zaitokukai to pay damages in first J court decision recognizing hate speech as an illegal form of racial discrimination

Good news from the Japanese judiciary. A lower court in Kyoto has finally ruled for the first time that a) hate speech exists in Japan, b) it is an illegal activity, subject to restriction, sanction, and penalty, and c) it is covered under international treaty (since Japan has no law against hate speech) such as the UN CERD.

That is a hat trick in terms of jurisprudence (on par with the Ana Bortz Case and the Otaru Onsens Case, although they were arguably more about issues of business and access to services than abstract concepts like freedom of speech).

Let’s hope a higher court does not overturn this. But I think the zealous bigots at Zaitokukai are realizing they’ve gone too far and set a spoiler precedent. About time — when their followers advocate murder and massacre of an ethnic minority, I think that’s when even timorous Japanese judges, who are sensitive to media attention, have to draw a line somewhere. Here’s where it was drawn. Articles from the Mainichi/Kyodo and Japan Times follow:

Mainichi: The Kyoto District Court ordered anti-Korean activists Monday to pay damages for disrupting classes at a Korean school by staging a demonstration during which they directed hate speech at the ethnic Korean community in Japan, banning them from staging further demonstrations. It is the first court decision in connection with hate speech, which fans discrimination and hatred toward a certain race or minority, lawyers for the school said.

http://www.debito.org/?p=11890

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2) Come back Brazilian Nikkei, all is forgiven!, in a policy U-turn after GOJ Repatriation Bribes of 2009

In an apparent policy U-turn, the GOJ decided last week to lift the ban on certain South Americans of Japanese descent (Nikkei) from re-entering Japan. This after bribing them to leave in 2009 so that they would not become an inconvenient unemployment statistic (not to mention that it was cheaper to pay their airfare than to pay them their social welfare that they had invested in over the decades, or pay them their pensions in future when reaching retirement age).

The reasons for this U-turn are being discussed in a recent Japan Times article, excerpted below. The article speculates that a couple of embarrassing lawsuits and visa-denials might have tipped the GOJ’s hand (I for one doubt it; Japan’s visa regimes, as can be seen for example in its perennial stance towards refugees, are generally impervious to public exposure and international pressure). I believe it was more an issue of the GOJ facing reality (as happened more than one year ago at the highest policymaking levels, where even the GOJ still maintained the stance that if immigration was an inevitability, they had better bring back people with Japanese blood; after all, the only ones in attendance were all Wajin and one token Nikkei).

Debito.org has spoken out quite hot-tonguedly about how ludicrous the Nikkei Repatriation Bribe was, not the least because of its inherently racialized paradigms (because they only applied to Nikkei — people who were also in even more dire financial straits due to the economic downturn, such as the Chinese and Muslim factory workers laboring in conditions of indentured servitude, were left to fend for themselves because they lacked the requisite Japanese blood).

So as a matter of course Debito.org cheers for the lifting of the ban. But the Bribe and the Ban should never have happened in the first place. So the GOJ can also take its lumps even if they are ultimately making the right decision.

Does this mean that the numbers of registered NJ residents of Japan will start to increase again? I will say it could happen. I stress: could, not will happen. But if it did, that statistic, not any asset bubbles and transient stock-market numbers that people keep championing as the putative fruits of “Abenomics”, will be the real indicator of Japan’s recovery. That is to say, if Japan ever regains its sheen as an attractive place to work for international labor, then an increase in Japan’s NJ population will cause and signal a true leavening of Japan’s economic clout and prowess. But I remain skeptical at this juncture — as I’ve said before, the jig is up, and outsiders generally know that Japan has no intention or enforceable laws to treat immigrants as equals, no matter how much of their lives and taxes they invest.

At this time, I believe international migrant labor will continue to vote with their feet and work elsewhere. So good luck with significant numbers coming to Japan even with this ban lifted.

http://www.debito.org/?p=11916

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3) Tokyo Metro Govt issues manual for J employers hiring NJ employees: Lose the “Staring Big Brother” stickers, please!

Debito.org Reader JF found this sticker up in Ikebukuro a few weeks ago. Issued by the Tokyo Metropolitan Government Youth and Safety Policy Division, it says that the employer of this establishment will not hire illegal foreign workers. The slogan above says, “Office declaring its promotion of the proper employment of foreigners”, complete with The Staring Eyes of Big Brother that probe all souls for criminal intent, sorta thing. Like this one snapped in Tamagawa last September:

JF comments: “I sort of see what they are trying to say with it, but I still think this sticker is bad style and puts all of us in a bad light. Suggesting yet again that many foreigners work illegally, while the actual percentage is probably tiny.”

It is, the number of so-called “illegal foreigners” long since peaking in 1993 and continuing to drop, despite police propaganda notices claiming the contrary (see for example here and here). JF did a bit more searching about the origin of the stickers, and discovered a downloadable manual directed at employers about how to hire foreign workers legally. Here’s the cover. Entitled “Gaikokujin Roudousha Koyou Manyuaru” (Hiring Manual for Foreign Workers), you can download it from Debito.org at http://www.debito.org/TokyotoGaikokujinHiringManual2013.pdf. Synopsis of the Manual follows…

http://www.debito.org/?p=11951

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4) Japan Times Community Pages expanding from two-page Tuesdays to four days a week

Good news. With an imminent tie-up between The Japan Times and The New York Times, the Community Pages (which I have written for since 2002) will expand from its present two pages on Tuesday to four days a week. The JT explains in more detail below.

Proud to be part of this writing crew. We are the only English-language newspaper that is covering issues in this degree of depth in ways that matter to the English-reading NJ communities, and now we’re getting even more space. Bravo. Thank you to everyone for reading and encouraging this to happen. — Arudou Debito, JUST BE CAUSE Columnist, The Japan Times

http://www.debito.org/?p=11913

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BAD NEWS

5) AFP: Asylum-seeker dies after collapsing at J detention center while doctor at lunch

Here’s another long-standing issue within Japan’s criminal justice system — the two-tiered system of incarceration for foreigners only. When one is being detained for a violation of Japan’s criminal code, you have prison for those convicted and the daiyou kangoku interrogation centers for those awaiting conviction (and almost everyone (95%) who is indicted under this system confesses to a crime, thanks to the unsupervised and harsh interrogation techniques). Almost everyone who confesses to a crime (the most-cited figure is >99%) gets convicted and probably goes to prison.

But then there are the detention centers for foreigners with visa issues who can be incarcerated indefinitely. This is unlike Japan’s prison system where 1) there are international standards for incarceration, and 2) there is a maximum limit — as in a prison sentence — to the duration for inmates. Not so Japan’s foreigners. And not so, as you can see below, Japan’s asylum seekers, where yet another NJ has died in custody due to, the article notes below, lax oversight over the health of their detainees.

I bring this up because this case will no doubt soon be forgotten. Like the other issues of violence, unsanitary food leading to hunger strikes and suicides, Immigration brutality leading to an uncharged murder of a detainee, and more. No wonder some people would prefer an overseas refugee camp than come to Japan to languish and perhaps die in a Gaijin Tank. Best to archive it here as yet another brick in the wall.

AFP: An asylum-seeker collapsed and died after staff at a Japanese immigration center failed to call for a medic, allegedly because the doctor was having lunch, a pressure group said Thursday. Anwar Hussin, a member of Myanmar’s Rohingya ethnic group, fell ill shortly after he was detained on Oct 9, according to People’s Forum on Burma, a Japan-based NGO headed by a Japanese lawyer.

Citing the 57-year-old’s cousin, the group said Hussin had been complaining of a headache all morning and fell unconscious as he began eating lunch in his cell. Fellow detainees—seven people of different nationalities—called for help because he was vomiting and having spasms, the NGO said. Detention center staff rejected their requests that a doctor be called, saying Hussin was just “having a seizure” and that the duty medic was on his lunch break, the group said, citing detainees who had spoken to the dead man’s cousin.

A doctor was summoned 51 minutes after Hussin’s collapse, according to a timeline given to his cousin by the center. Staff made an emergency call four minutes after the doctor’s arrival and 55 minutes after being made aware of the problem, the timeline showed. Hussin died in hospital on Oct 14, it said.

http://www.debito.org/?p=11942

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6) Dr. Kitaoka Shinichi, Chair of Council on Security and Defense Capabilities, speaks at UH EWC Oct 11, 2013 on Japan’s need to remilitarize

On October 11, I attended a speech by Dr. Kitaoka Shinichi, President of the International University of Japan in Niigata, and currently the Deputy Chairman of the Advisory Panel on Reconstruction of the Legal Basis for Security for PM Abe. I attended because I wanted to see what was making one of PM Abe’s leading advisors tick. Dr. Kitaoka did not disappoint.

He spoke in excellent English, and came off as a very articulate, passionate, and fluent advocate of his cause, which is essentially to make Japan strong enough militarily to deter China. He did not feel a need to be restrained by a diplomat’s training, calling various schools of thought “totally wrong” and “stupid”, nor an academic’s subtlety that should come with a doctorate, where he said with firm certainty at various stages that “no Japanese” wants things like expansion of Japan’s borders (he also called Koreans an “emotional people”). Almost all of the geopolitical problems he referred to in his talk were traced back to China, and he made a strong, reasoned plea for Japan’s inherent sovereign right for collective self defense in order to “contribute to peace and stability” by being empowered to assist Japan’s friends and allies (particularly, naturally, the Americans).

Dr. Kitaoka was very smooth. He pushed all the right rhetorical buttons with an American audience (this one at the EWC quite full of American military brass; as you can hear in the speech, the audience was quite emotive), contrasting rich, democratic, non-nuclear, and “peace-loving” Japan with richening, undemocratic, nuclear and unfree China, which is increasing its defense budget every year and seeking territorial expansion (he even mentioned China’s dealings in Africa in that context). He also smoothed feathers to head off the “Genie in the Bottle” argument (which is one image the US military uses to justify its continued presence in Japan — to stop Japan from remilitarizing) by pointing out five conditions why today’s Japan is different. (See them well elaborated in his Yomiuri article scanned below.)

So to this end, Japan would need its first National Security Council, which would hopefully be established by November 2013…

http://www.debito.org/?p=11896

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MIDDLING NEWS

7) Donald Keene Center opens in Kashiwazaki, Niigata Prefecture. His life and library can be seen, for a price.

Donald Keene, currently aged 91, had his Donald Keene Center opened up on September 21, in order to transmit “the excellence of Japanese literature” (watashi wa ninon bungaku no subarashisa o tsutaetai). This is an important event, as it counts as an established NJ legacy on the scale of Edwin Dun and of course Lafcadio Hearn/Koizumi Yakumo.

Now, where Debito.org has taken issue with Keene is with not with his scholarship or contributions to the field of Japanese studies (indeed admirable), but with his naturalization while publicly denigrating NJ. As chronicled here and in the Japan Times, he himself made a big fuss about how he was becoming a Japanese citizen for selfless reasons, e.g., to “become one of them”, to show “solidarity with the Japanese people” in their time of great need, so that he might help victims of the Tohoku Disasters in some way.

Fine. But he also threw in all sorts of irrelevancies and nastiness, such as making himself out to be morally superior to other NJ residents (contrasting himself with those allegedly fleeing Japan like the mythical “Flyjin”, mentioning how he wasn’t committing crimes like they were — despite actual NJ crime trends). It was a poor show of social science by a trained researcher.

If he’s going to be mean, then he’s going to have his record scrutinized like everyone else. So, despite his promises to “contribute to areas affected by the [Tohoku] disaster”, by now what has he done? Put his Donald Keene Center in Tohoku to attract tourists? Sorry, Kashiwazaki is quite far away from the disaster areas, and the Donald Keene Center website doesn’t even mention the events in Tohoku as any form of motivation. Visited Tohoku like other NJ to help out with relief efforts? Well, according to Wikipedia, he gave a speech in Sendai; thanks, but… Or opening up his library for free to the public? No, sorry, that’s not how business is done:

http://www.debito.org/?p=11898

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8 ) TheDiplomat.com: “In Japan, Will Hafu Ever Be Considered Whole?”, on the debate about Japan’s increasing diversity

I was contacted recently for a few quotes on this subject (an important debate, given the increasing diversity within the Japanese citizenry thanks to international marriage), and I put the reporter in touch with others with more authoritative voices on the subject. I will excerpt the article below. What do you think, especially those readers who have Japanese children or are “half Japanese” themselves?

TheDiplomat.com: By the year 2050, 40 percent of the Japanese population will be age 65 or older. With Japanese couples having fewer children than ever before, Japan is facing a population decline of epic proportions. However, one demographic continues to grow: Japanese and non-Japanese mixed-race couples. But in one of the world’s most homogeneous countries, is Japan ready to accept their offspring?

Biracial Japanese nationals like Takagi are an increasingly common sight in Japan. The latest statistics from the Japanese Ministry of Health, Labor, and Welfare indicate that one out of every 50 babies born in 2012 had one non-Japanese parent. Additionally, 3.5 percent of all domestic marriages performed last year were between Japanese and foreigners. To put those numbers into perspective, the earliest reliable census data that includes both mixed race births and marriages shows that fewer than one out of 150 babies born in 1987 were biracial and only 2.1 percent of marriages that year were between Japanese and non-Japanese.

Takagi is one of a growing number of hafu – or half Japanese – who have grown up between two cultures. The term itself, which is derived from the English word “half,” is divisive in Japan. Hafu is the most commonly used word for describing people who are of mixed Japanese and non-Japanese ethnicity. The word is so pervasive that even nontraditional-looking Japanese may be asked if they are hafu.

http://www.debito.org/?p=11884

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… and finally …

9) Japan Times JUST BE CAUSE Column 68 Oct 1 2013: “Triumph of Tokyo Olympic bid sends wrong signal to Japan’s resurgent right” 

Japan Times JUST BE CAUSE Column 68 Oct 1 2013:
“Triumph of Tokyo Olympic bid sends wrong signal to Japan’s resurgent right”
BY ARUDOU Debito
Courtesy http://www.japantimes.co.jp/community/2013/09/30/issues/triumph-of-tokyo-olympic-bid-sends-wrong-signal-to-japans-resurgent-right/
Version with links to sources and comments at http://www.debito.org/?p=11880

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That’s all for this month! Thanks for reading!

ARUDOU, Debito (debito@debito.org, www.debito.org, Twitter @arudoudebito)

DEBITO.ORG NEWSLETTER NOVEMBER 6, 2013 ENDS

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