Levin: J citizens of empire stripped of Japanese nationality in 1952, made into Zainichi by bureaucratic fiat — by a simple MOJ office circular (kairan)!

Posted on March 3, 2012March 3, 2012 by Debito Arudou, Ph.D.

While doing research two days ago, I ran across this curious footnote in journal article (Levin, Mark, “Essential Commodities and Racial Justice”; Journal of International Law and Politics (NYU, Winter 2001) 33:419, at 500, footnote 288), which tells us a lot of something quite remarkable about how much extra-parliamentary legislative power is invested in Japan’s bureaucracy: The power to strip entire peoples of their Japanese citizenship (despite their colonial contributions and experience, including fighting and dying in the Imperial Army) by fiat. By kairan, even.

Levin: The involuntary de-naturalization [of hundreds of thousands of Koreans and Taiwanese persons resident in Japan] was accomplished by administrative fiat, interpreting the Nationality Lw under an implicit association with the 1951 Peace Treaty between Japan and the Allied Powers. “In 1952, nine days before the Peace Treaty came into force, the Director-General of the Civil Affairs Bureau in the Ministry of Justice issued a Circular Notice [an internal government document] to the officials concerned, announcing that all Koreans, including those residing in Japan, were to lose their Japanese nationality.” … Although Japanese courts, including the Supreme Court, have consistently upheld the legality of this act, Iwasawa persuasively argues that the court rulings were analytically unsound, that Japan’s action violated international standards regarding nationality, and that the action was unconstitutional because the act “runs counter to Article 10 of the Constitution, which provides, ‘The conditions necessary for being a Japanese national shall be determined by hōritsu [statutes].’ The question should have been settled by a statute enacted by the Diet.”

This degree of extralegal power — to the point of a simple office memo to disenfranchise for generations an entire minority in Japan — shows just how abusive and capricious Japan’s mandarins can be — and the judiciary will back them up.

Mainichi/Kyodo: NJ crime down again, but once again only reported in English and apparently not in J Mainichi, Asahi, Yomiuri, or Sankei

Posted on February 29, 2012February 29, 2012 by Debito Arudou, Ph.D.

Here we have the biannual report on NJ crime, as always used to justify further prevention and crackdowns on NJ as potential criminals (justifying all manner of NPA budgets and racial profiling). But the news this time is good, in that NJ crime is down. Significantly so.

Good. But here’s the thing: If it’s bad news (i.e., foreign crime goes up), then it gets splashed all over the place and a media panic ensues about a reemergent foreign crime wave. However, when is good news (i.e., foreign crime goes down), one of three things happen:

1) The Japanese police find some way to portray it as a rise,
2) The Japanese media find some way to headline it as a rise (while even, famously, depicting it as a fall in the English headline),
3) They ignore it completely. Foreigners can only ever be news if they’re criminals.

To support this last assertion, look how the above article was featured in the Mainichi online only in English, as a copy of a Kyodo wire. And doing a Google news search in Japanese, (search terms gaikokujin hanzai and the newspaper title), I could not find a similar article on this news on the Mainichi, Asahi, Yomiuri, or Sankei Shimbun sites (search as of February 23, 2012).

Instead, you get Japanese sites, for example Zakzak News below, concurrently and ironically talking about how dangerous Japanese society has become due to foreign crime (despite it going down), and saying how having a “kokumin bangou” to identify all citizens by number is now indispensable (since, as Zakzak says below, foreigners now speak Japanese!!). Fine, have that conversation if you want, but don’t blame it on foreign crime.

This perpetual criminalization of foreigners in Japan is nothing short of hate speech. On an official scale. And you get a regular fit of it twice a year regardless of what NJ residents do (or don’t do).

Mainichi and JT: Nagoya mayor Kawamura repeatedly denies Nanjing Massacre, joins ranks of revisionist J politicians

Posted on February 26, 2012February 27, 2012 by Debito Arudou, Ph.D.

This is hot news (or has been recently), so let me cut in with this issue and break the arc of immigration/labor issues. Here’s another Japanese politician, Nagoya Mayor Kawamura Takashi, playing to type (as in, playing to a Rightist historical revisionist base) by reportedly denying that the Nanjing Massacre in WWII China ever took place. He’s not alone. The Japan Times article below is particularly good, as it includes other deniers and their dates in Japan’s political discourse, showing there is a longstanding arc to this discourse.

There may be a political dimension. As a commenter mailed me, “Because I have lived in Nagoya for over 20 years, Mayor Kawamura’s atrocious lack of tact really makes me cringe. We’ve seen it before with these old boys. They reach a certain age and feel they can afford to throw caution to the wind. However, there may be some background here that isn’t being aired. The Chinese apparently had their sites on a prime piece of land near Nagoya Castle and wanted to build a consulate or trade related facility of some kind. There is local opposition. So it’s possible that the Mayor deliberately wanted to piss them off.” Interesting if true. Let’s have that investigated.

A little academic expostulating, if I may: One of the things that Japan has never undergone (as opposed to, say, Germany) is a postwar examination of its colonialist/imperialist past, as Postcolonialism as an analytical paradigm seems to have passed Japanese academia by (as have many rigorous intellectual disciplines, in favor of, say, the unscientific pseudo-religion that is Nihonjinron). Even proponent Edward Said was blind to it, by binding us to an East-West divide when encapsulating his theory of lack of minority voices in the world’s historical discourse as “Orientalism”, meaning Japan became an “Oriental” country (as opposed to a fellow colonial empire builder) and thus immune to the analysis. Partially because of this, Japan lacks the historical conversation (and is ignored overseas for not undertaking it) that would include and incorporate the minority voices of “sangokujin” (i.e., the former peoples of empire) et.al as part of the domestic discourse.

And this is one reason why fatheads like Kawamura are able to keep on reopening old wounds and refuse to face the dark side of Japan’s history — a history which, if an honest accounting of history is done everywhere, every country has.

Yomiuri: Language hurdle trips up Indonesian nurses in 4-year-old GOJ EPA program, and they’re leaving. By design, methinks.

Posted on February 23, 2012February 24, 2012 by Debito Arudou, Ph.D.

Speaking of GOJ visa statuses with high to insurmountable hurdles, here’s how the years-long (started in 2008) bilateral program to bring over nurses from The Philippines and Indonesia to work in Japan’s medical system is doing: As predicted. Precisely due to “language barriers”, NJ are being relegated to lower-skilled labor and then sent home (or else, as you can also see below, going home by themselves after having enough of it all). Again, this is the point of Japan’s visa regimes — make sure migrants never become immigrants, siphon off the best working years of their lives, send them back for whatever excuse or shortcoming you can come up with, then bring in a new batch of dupes filled with false hopes. That way you keep the revolving-door labor market revolving, and never let NJ settle down here and get their due for their tax and pension payments. How nice. But as I’ve written before, it’s been the perpetual SOP for the GOJ.

Yomiuri: More than half of 104 Indonesian nurses who came to Japan in 2008 through a bilateral economic partnership agreement to obtain nursing licenses have returned home, due mainly to difficulties meeting Japanese language requirements, it has been learned.

Through the EPA program, Indonesian nurses have been allowed to work in Japanese hospitals for three years as assistant nurses who take care of inpatients. They are all licensed nurses in Indonesia. The program requires they pass an annual national nursing certification test during their three-year stay.

However, only 15 of the first group of 104 nurses who came to Japan from Indonesia passed the national exam. Among the 89 who failed the exam, 27 were granted special permission to extend their stay if they wished to because they managed to score a certain number of points on the previous exam. These nurses will take the national exam again in February.

The remaining 62 returned to Indonesia by the end of August, though they were still eligible to take the national exam. Only four of them will return to Japan to take the February exam, meaning the remaining 58 have likely given up working in Japan.

Asahi: Registered NJ population drops again in 2010, GOJ to institute policy of “points system” for future NJ visas this Spring

Posted on February 20, 2012February 20, 2012 by Debito Arudou, Ph.D.

To kick off a salvo of blog entries on NJ migration/immigration to Japan, here are two articles from the vernacular press. The first one talks about the MOJ’s institution of a “points system” for future NJ visas, in order to encourage “foreign researchers, doctors, managers and people with specialized knowledge or skills” to come to Japan — with higher value accruing to those with good educational pedigrees, higher salaries, etc. “People with more than 70 points” will be considered “higher-degree people with capabilities” (koudo jinzai), with an annual quota of about 2000 souls. They’ll get special benefits like easier visa conditions for wives and children (something currently reserved for those here on foreign expat packages in the financial markets), and five-year waits for Permanent Residency (instead of the usual ten for those not married to Japanese), and no doubt more. It’s scheduled to start from this Spring.

Fine, let’s have an objective and reviewable system for immigration (or in Japan’s case, just plain old inward migration), but there are two assumptions here, 1) that people are still simply beating a path to Japan now as a matter of course (when by now there are plenty of other rich countries in the region that are better at, say, foreign languages and import infrastructure, not to mention without an irradiated food chain), and 2) a guarantee of things that are fundamental to making a life here without harassment for being different (such as, say, oh, a law against racial discrimination, and checks and balances against a police force that sees racial profiling, street harassment, and even home invasion as part of its mandate). Japan has had plenty of opportunity to take some safeguards against this, and the fact that it won’t yet still wants to get people to live here anyway to offset its demographic crisis is just plain ignorant of reality.

The second article talks about the effects of a society with institutions that aren’t all that friendly or accountable for its excesses — the second drop of the registered NJ population in two years, after a rise over 48 straight years. I talked about this briefly in my January Japan Times column (as one of the Top Ten Human Rights Events for 2011), so for the record, here is a vernacular source. I think, sadly, that people are starting to wise up, and realize that Japan isn’t all that open a place to settle.

Jeff Smith on Yahoo Japan auctioneer denying foreign bidders, and what he did about it

Posted on February 17, 2012February 17, 2012 by Debito Arudou, Ph.D.

Here we have some naked xenophobia and related intolerance in interpersonal internet auctions. I have heard of numerous cases like these on Japanese internet outlets, where sellers simply refuse to sell to somebody with money if the buyer happens to be bearing money while foreign (and nothing would come of it from moderators). But here’s a report of what one person, Jeff Smith, decided to do about it. As he says, auction forums in Japan need to step up with rules to honor bona fide transactions, because that’s the entire point of money as a means of transaction — it is not foreign currency even if the buyer is foreign. Let’s wait and see what Yahoo Japan decides to do about it, if anything.

Jeff Smith: Something I came upon last night while looking for guitars on Yahoo Auctions, Japan. This individual ignoramus had the nerve to actually write in his or her auction that foreigners would be denied the right to buy said item once found to be foreign, NJ or otherwise: The statement here is as follows in English:

“Winners please be aware of the message I send upon auction close. I will not accept new bidders who do not reply, or people with bad manners. New bidders are to respond within 48 hours, and those that do so will be allowed to pay for the item. In addition, due to troubles that have occurred, I am not accepting any foreign bidders with a score under 30 rating. [This was actually changed this morning, Feb. 15, 2012: originally it said I will accept NO FOREIGN WINNERS, period.] If I find that the winner is a foreigner after the auction ends, I shall void the auction at my convenience.”

Amazed that this person could even have the gall to write in such a manner, I contacted the seller with a message as follows…

Mainichi: NHK Press publishes book about NJ “underground reality” (e.g., prostitution, fake marriages and citizenships, profiteering). Contrast with interview with freewheeling cannibal Sagawa Issei.

Posted on February 14, 2012February 15, 2012 by Debito Arudou, Ph.D.

Speaking of Japanese media profiteering off NJ by peddling images of them to the public (after in some cases killing them first, e.g., Ichihashi Tatsuya, Sagawa Issei), here we have a quick book review of some author depicting NJ adding to the undercurrent of Japan’s crimes and misdemeanors (N.B., in two articles that are quite different in English and Japanese, as the Mainichi is quite prone to doing). While I haven’t read the book to see if there is any element of, “If these guys had better opportunities in Japan, they might not resort to these trades” (i.e., it’s not because NJ are intrinsically predisposed to criminality, despite what other Japanese media has nakedly asserted), it still panders to the latent NPA-promoted public prejudices of “foreigner as criminal”, sensationalizing the lives of NJ residents in Japan. Pity. There is significantly less media about the regular lawful contributions NJ make to Japanese society. But I guess a book about someone who does his or her day job, brings home the paycheck to put food on the table, spends the weekends playing with the kids, pays taxes on time, and takes on neighborhood association duties, isn’t fodder for selling scads of sensationalism. But I betcha that’s much closer to the “reality” for far more NJ in Japan.

Mainichi: How much do we know about the real lives of Japan’s foreigners? This is the question that Kota Ishii, a spirited non-fiction writer, raises in his new book, “Nippon ikoku kiko — zainichi gaikokujin no kane, seiai, shi” (Journey through foreign Japan: The money, love, sex and death of foreigners in Japan)… Ishii, who has published several books on prostitution, slums and underground businesses in Asia, sheds light this time on different foreign communities in Japan.

The book introduces a South Korean who has conquered the Japanese sex industry by undercutting prices; an Israeli man with an expired visa who pays a Japanese woman to marry him to obtain Japanese nationality; Chinese who flee from the country after obtaining citizenship, and many other examples that portray the reality of “underground” foreign communities in Japan. Because there are so many fake marriages initiated by foreigners in Japan, some international matchmaking companies even provide compensation to victims, Ishii writes.

Mainichi: NJ held by immigration sharply down after reviewing rules

Posted on February 11, 2012February 11, 2012 by Debito Arudou, Ph.D.

Speaking of incarceration of NJ under unreviewed circumstances (start here), here is what happens when the GOJ suddenly starts, as encouraged by the United Nations and even domestic think tanks such as JIPI, to actually REVIEW its own rules: They discover that not as many NJ need to be incarcerated. Quite a few of not as many. Very high percentages, even.

Well, how about that. Glad this happened, and got some press too. May it happen more often, so that the NPA and Immigration realize that there are some boundaries to their power of interrogation and incarceration, even if (and especially if) the incarcerated happen to be NJ (who are even, according to here as well as the article below, committing suicide rather than take any more of this inhumane treatment).

Mainichi/Kyodo: The number of foreign nationals detained one year or longer by Japanese immigration officials dropped significantly after a review of procedural rules for a more flexible approach in response to criticisms about the treatment of long-term detainees, data for last year showed… The Japanese government came under fire for its long-term detentions in 2007 by the United Nations, which recommended that detention periods should be limited…

Those who were held for at least one year totaled 47, down sharply from 115 at the end of 2009. The Justice Ministry said it has been actively releasing those who are subject to deportation but it sees no need for holding in custody since July 2010… The number of foreign nationals detained one year or longer by Japanese immigration officials dropped significantly after a review of procedural rules for a more flexible approach in response to criticisms about the treatment of long-term detainees, data for last year showed.

My Japan Times JUST BE CAUSE Column #48: “These are a few of my favorite things about Japan”, Feb. 7, 2012

Posted on February 8, 2012 by Debito Arudou, Ph.D.

JT: The Just Be Cause column has been running now for four years (thanks for reading!), and I’ve noticed something peculiar: how commentators are pressured to say “nice” stuff about Japan.

If you don’t, you get criticized for an apparent “lack of balance.” As if one has to pay homage to the gods of cultural relativism (as an outsider) or tribal commonalities (as an insider).

This pressure isn’t found in every society. Britain, for example, has a media tradition (as far back as Jonathan Swift, William Hogarth and George Cruikshank) where critics can be unapologetically critical, even savage, towards authority (for example, Private Eye magazine).

But in Japan, where satire is shallow and sarcasm isn’t a means of social analysis, we are compelled to blunt our critique with pat niceties. Our media spends more time reporting nice, safe things (like how to cook and eat) than encouraging critical thinking.

Likewise, Just Be Cause gets comments of the “If Debito hates Japan so much, why does the JT keep publishing him?” ilk. As if nobody ever criticizes Japan out of love (if we critics didn’t care about this place, we wouldn’t bother).

Moreover, why must we say something nice about a place that hasn’t been all that nice to its residents over the past, oh, two stagnant decades (even more so since Fukushima)? Japan, like everywhere else, has problems that warrant attention, and this column is trying to address some of them.

Still, as thanks to the readership (and my editor, constantly put off his beer defending me in bars), I’ll succumb and say something nice about Japan for a change. In fact, I’ll give not one, but 10 reasons why I like Japan:

DEBITO.ORG NEWSLETTER FEBRUARY 5, 2012

Posted on February 8, 2012 by Debito Arudou, Ph.D.

Table of Contents:
TALK OF JAPAN’S FUTURE
1) CNN’s Zakaria: Japan’s economy “has run out of gas”: first trade deficit in 31 years shows J’s decline and “the end of an era”
2) Debito interview with Asia Times: “Overcoming the ‘Japanese Only’ factor”, on human rights and Japan’s future
3) Japan Times FYI Column: “Many angles to acquiring Japanese citizenship”, quotes inter alia Debito

SHOCKS TO THE SYSTEM
4) Nepalese beaten to death in Osaka, 4 assailants arrested in apparent hate crime
5) PS on Gaijin Card Checkpoint at his apartment — Immigration doing door-to-door checks, using physical force (photos included)
6) Shock/Horror on Japanese TV show, where Japanese under new Arizona laws could be treated as foreigners, with ID checks! Kibishii!?
7) Changes to Alien Registration Act July 2012 — NJ to be registered on Juuminhyou Residency Certificates at last

OFFICIAL HARASSMENT OF NJ
8 ) Amnesty International 2002 report on human rights abuses, including extortion and physical abuse, at the Narita Airport “Gaijin Tank” detention center
9) Chris Johnson on his 2011 experiences in the “Narita Airport Gaijin Gulag”, a complement to Amnesty’s 2002 expose (Amended)
10) Mainichi: Transport ministry mulling random body search of 10% of all airport passengers at Narita etc. Random? Not likely.
11) Japan Today: GOJ ministries block foreign firms from helping tsunami-stricken Japanese, using bureaucratic stonewalling

And finally…
12) My Japan Times JUST BE CAUSE Column 47, January 3, 2012: 2011′s Top 10 Human Rights Issues affecting NJ in Japan

CNN’s Zakaria: Japan’s economy “has run out of gas”: first trade deficit in 31 years shows J’s decline and “the end of an era”

Posted on February 5, 2012February 5, 2012 by Debito Arudou, Ph.D.

Reader JD submits this as “Cliff Notes for Debito.org”. Quite so. It’s what we’ve been saying for a while now about Japan in decline. Only this time, we have something quantitative (and a major economic indicator) to demonstrate it:

CNN: This week marks a turning point – one of the world’s great export engines has run out of gas… For the first time in 31 years, Japan has recorded a trade deficit… Tokyo’s policymakers have failed its people – they could have opened up many of its closed sectors to competition, reformed its labor laws to make Japanese labor more attractive, cut pension benefits, and allowed more immigration. Its government could have put the country on a path to reduce its massive debt burden. Instead, we’re now entering an era where one of the great manufacturing nations of history faces a looming current account deficit. With its debt at 211% of its GDP, if the cost of its borrowing increases, Tokyo would face an even greater crisis: A default… [Japan] was unable to change its ways, reform, and get less rigid. The result was decline.

Japan Today: GOJ ministries block foreign firms from helping tsunami-stricken Japanese, using bureaucratic stonewalling

Posted on February 2, 2012 by Debito Arudou, Ph.D.

Japan Today: Red tape and rigid adherence to regulations stopped a number of foreign firms from providing help and specialist expertise in the immediate aftermath of the March 11 disasters in northeast Japan, while other firms say their efforts to render assistance to the homeless and destitute were frustrated because the markets here are effectively closed to outsiders.

Among those whose offers of help were dismissed, and who agreed to speak to ACUMEN, are British firms with experience in providing high- quality emergency shelter — that has been gratefully accepted in disaster zones around the world — as tens of thousands of people were living rough in school gymnasiums and municipal offices in the hardest-hit prefectures of Fukushima, Miyagi and Iwate. In addition, there are at least two UK firms that were eventually successful in securing contracts, after having endured frustrating delays and red tape, but they declined to be identified out of fear of jeopardising future deals.

The experience of trying to meet the demands of government ministries and prefectural authorities has left some British firms irritated or angry — in particular those whose members travelled to areas affected by the magnitude-9 Great East Japan Earthquake and the tsunami that it triggered, and who saw for themselves the misery of the victims. The people who lost out due to officials’ inability to think outside the box, they say, were those who had already lost everything in the disasters.

Shock/Horror on Japanese TV show, where Japanese under new Arizona laws could be treated as foreigners, with ID checks! Kibishii!?

Posted on January 30, 2012January 30, 2012 by Debito Arudou, Ph.D.

In line with the current theme of the GOJ targeting NJ, here’s some idea of just how ignorant Japanese are of what happens to foreigners in Japan, e.g., Gaijin Card Checks. This is an excerpt of a variety show called “Manaberu News” (date unknown, sometime in 2010) discussing new laws to catch illegal aliens in Arizona (permanent carrying of ID and criminal penalties if caught not doing so) signed into law in April 2010, which critics have argued increases the probability of racial profiling and wanton detention of suspects. The show mentions the requirement for foreigners in Arizona to carry ID 24/7, and how they could be arrested for not doing so. We get gasps all around at how “kibishii” this is.

COMMENT: I find this amusing, less because the ditzy Japanese panelists don’t seem to realize that once outside of Japan THEY become foreigners, more because nobody there seems to realize (or, for the purposes of balance in this admittedly short segment, have it pointed out) that this practice of random search with criminal penalties is already standard procedure in Japan. NJ have been profiled this way for at least two generations now, regardless of whether or not they’re tourists!

No shock/horror here except for the ignorance. Most people I’ve ever talked to in Japan (save for bureaucrats and employers of NJ) even know that there’s a Gaijin Card system in existence for tracking and targeting foreigners, not to mention a separate regime for registering (or not registering, as in Juuminhyou) them.

Lack of public awareness of this issue is part of the problem, and it enables the Japanese police, as we have seen on Debito.org, to feel like they can take liberties with their law enforcement as soon as a foreigner is involved. “Do unto others…” should also entail that regular Japanese folk consider what might happen to them if THEY were foreigners (but as this show demonstrates, for many that is simply pin to konai).

PS on Gaijin Card Checkpoint at his apartment — Immigration doing door-to-door checks, using physical force (photos included)

Posted on January 27, 2012January 27, 2012 by Debito Arudou, Ph.D.

Something I’ve noticed about Japan’s anti-crime campaigns: 1) These campaigns are not temporary (as in, “the campaign expires on this date”), meaning inevitable future crackdowns are cumulative (see for example here and here), 2) they quickly take on a racist bent (as NJ are officially depicted as more likely to commit crime, or even just be criminals by existing, as potential “illegal visa overstayers”) and encourage racial profiling in practice (see here and here), and 3) a general lack of legal oversight over the Japanese police means the cops go too far, bending laws (see for example here and here) and in this case targeting politically-disenfranchised people (NJ) who can’t fight back through the system or the media, or even through their political representative (who are basically in on the gaijin bashing for political capital and budgetary gain).

These are all elements of a police state, and the systematic mistrust of foreigners in Japan enables the bureaucracy to carry out in microcosm what Submitter PS (a pseudonym) reports below. Fortunately this time, PS had the presence of mind to take photographs of these toughs from Immigration, who clearly felt their need to police gaijin overrode their need to treat people with respect and dignity (not to mention without resorting to physical force and with due process under the law).

Submitter PS: My name is PS. I’m a 45-year-old American living and working in Tokyo, where I’ve resided for the last 8 and a half years. I have a valid working visa, pay my Japanese taxes (both national and local), and have never had any unpleasant encounters with the authorities; that is, until last Thursday, Jan. 19. It’s something that I think you should know about.

That morning, an Immigration official showed up at the door of my apartment, unannounced, and demanded to see my passport. I was very suspicious that Immigration (not the police) would make a sudden home visit to do a spot-check, especially since I’ve lived in the same apartment since 2003, and since my address has been registered with the Shinagawa Ward office for over 8 years. Anyway, I asked this gentleman to show me his badge so that I could write down his name and badge number. He quickly flashed me some ID, but I pointed out that I didn’t have the opportunity to see, much less write down, the details. In a belligerent tone, he said in English, “Passport first!” I refused, bid him a good day, and started to close my door. It was at this point that things got out of hand.

The aforementioned gentleman physically blocked my door from closing, and we got into a shoving match that led to my door getting knocked off its tracks. Then, suddenly, four of his associates (2 men and 2 women), who’d apparently been hiding in the stairwell, appeared en masse. Things continued to verbally escalate, though with no further physicality, until one of them finally relented and let me take a photo of his badge. I took the further liberty of photographing the three “men” who were harassing me. The photos are attached. The person wearing the surgical mask in Photos #2 and 3 is the one with whom I tussled. The name stitched on his uniform was “S. Maeda.”…

Nepalese beaten to death in Osaka, 4 assailants arrested in apparent hate crime

Posted on January 24, 2012January 25, 2012 by Debito Arudou, Ph.D.

JT: A Nepalese man died Monday after being assaulted on a street in Osaka early Monday by two men and two women, police said Tuesday. Bishnu Prasad Dhamala, 42, died at a hospital after being attacked in Abeno Ward.

The police said they arrested Hiroki Shiraishi, 21, a tattoo artist, and his acquaintance, Miyoko Shiraishi, 22, at the scene after receiving a report about the assault. The police are looking into the whereabouts of the other two assailants. [who were later arrested in Tokyo] The four and Dhamala are not believed to be acquainted and the police are trying to identify the cause of the incident.

COMMENT: This is clearly a hate crime. It is reportedly a random singling out of a NJ by a group of four J youths who beat him senseless — even dropped a bicycle on his head, smashing his skull on the pavement. Fortunately (after a chase), they have all been arrested, no doubt after the security camera footage (below) made any plausible deniability of the event impossible. (In statements to the police, according to the Japanese media below, one assailant even insinuated that he couldn’t believe he had actually killed a foreigner. Come again? That’s the ultimate in kubetsu plus denial.)

There is little more to be said except that this is hardly an isolated incident. We’ve already mentioned the Scott Kang and Matthew Lacey probable homicides (“probable” only because the NPA essentially refuses to acknowledge that they were outright murders, and stonewalls attempts to release further data that would probably prove things conclusively). But go back a bit, and you’ll find the Herculano Case, where a 14-year-old Brazilian boy named Herculano Reiko Lukocevicius was similarly beaten to death on October 6, 1997 by a Japanese gang in Komaki, Aichi (information about a book on his case is here); he was afforded much less press coverage (I’m glad the Japanese media is on the ball this time, with far more coverage in Japanese than in English). And of course we cannot leave out the Suraj Case, which is even more insidious since his brutal death was at the hands of officialdom (and may be but the tip of the iceberg, given Immigration’s history of ill-treatment of NJ while in detention). And if we stretch the issue even further, how about that recent curious “suicide” of a NJ suspect, accused of murdering two other Taiwanese students, who was somehow allowed to have a knife and sufficient mobility while in NPA custody presumably despite searches? All curious lapses in standard procedure when a NJ is involved.

In sum, I think it is time to retire the myth that Japan is preternaturally “safe”. After all, public maintenance of this myth not only gets in the way of honest accounting, but also makes nationality an issue, as officialdom publicly states that foreigners commit more crime (and therefore, the logic eventually ensues, shouldn’t be here in the first place). Let’s face it: When properly accounted for, reported, and considered without the bias of nationality either of victim or perp, Japan has its fair share of criminal behavior. Therefore people should be careful of being the target of basic covetousness, wanton prejudice and scapegoating, or even just random hatred. After all, Japan has no effective laws to punish the last two (see here and here) if you have the misfortune to be existing while foreign here.

Japan Times FYI Column: “Many angles to acquiring Japanese citizenship”, quotes inter alia Debito

Posted on January 21, 2012 by Debito Arudou, Ph.D.

About a month ago Japan Times reporter Masami Ito contacted me for information about GOJ naturalization procedures (I’m honored; there are many other people out there who have done the same, and my information, more than a decade old, is by now probably a bit out of date). It appeared December 27, 2011 as the year’s last FYI Column. Excerpt follows. I enclose the original questions I was asked as well as my answers since they may be instructive.

JT: Nationality has long been a controversial issue in Japan. For most, it is something they are born with; for others, it is something they had to fight for. For some, nationality may be a source of pride, while for others, it may be the cause of discrimination. Meanwhile, citizenship may be something that they have to sacrifice in order to pursue their goals or dreams — like comedian and runner Neko Hiroshi, who made headlines last month after announcing he had obtained Cambodian nationality in the hope of competing in the 2012 London Olympics.

What are the conditions for obtaining Japanese nationality? …

Debito interview with Asia Times: “Overcoming the ‘Japanese Only’ factor”, on human rights and Japan’s future

Posted on January 18, 2012 by Debito Arudou, Ph.D.

Last month I had an extensive interview with Victor Fic of the Asia Times on me, the Otaru Onsens Case, human rights in Japan, and the future. It went up last week. While long-term readers of Debito.org might not find much they haven’t heard before, it’s a good “catch-up” and summary of the issues for interested newbies.

Asia Times: When US-born Dave Aldwinckle became a Japanese citizen named Arudou Debito in 2000, two Japanese officials told him that only now did he have human rights in Japan. Such prejudice galvanized him into becoming a crusader against anti-gaijin(foreigner) discrimination after braving death threats to him and his family. Is Arudou throwing the egg of morality and legality against the rock of ancient bias? In this exclusive interview with Asia Times Online contributor Victor Fic, he sees Japan turning inward.

Victor Fic: Did you ever think that you would become a Japanese citizen?

Arudou Debito: Hell no! I wasn’t even interested in foreign languages as a child. But I moved from my birthplace, California, to upstate New York at age five and traveled much overseas, learning early to communicate with non-native English speakers. I’d lived a lot of my life outside the US before I graduated from high school and wasn’t afraid to leave home. But changing my citizenship and my name, however, was completely off the radar screen. I didn’t originally go to Japan to emigrate – just to explore. But the longer I stayed, the more reasonable it seemed to become a permanent resident, then a citizen. Buying a house and land was the chief reason that I naturalized – a mortgage means I can’t leave. More on me and all this on my blog [1]…

VF: Why do you insist that prejudice towards foreigners in Japan is severe?

AD: It’s systematic. In my latest Japan Times column [2] I discuss the lack of “fairness” as a latent cultural value in Japan. Japanese tend to see foreigners as unquestionably different from them, therefore it follows that their treatment will be different. Everything else stems from that. My column gives more details, but for now let me note that a 2007 Cabinet survey asked Japanese, “Should foreigners have the same human-rights protections as Japanese?” The total who agreed was 59.3%. This is a decline from 1995 at 68.3%, 1999 at 65.5% and 2003 at 54%. Ichikawa Hiroshi, who was a Saga Prefecture public prosecutor, said on May 23, 2011, that people in his position “were taught that … foreigners have no human rights ” [3]. Coming from law enforcement, that is an indicative and incriminating statement…

VF: Can you cite practical examples from daily life?

AD: Sure…

Mainichi: Transport ministry mulling random body search of 10% of all airport passengers at Narita etc. Random? Not likely.

Posted on January 15, 2012January 16, 2012 by Debito Arudou, Ph.D.

Relating to the current Debito.org topics of racial profiling, searches, horrendous detentions, and even killings of NJ in Japanese airports, here is a harbinger of future policy: More of the same. In fact, according to the Mainichi, a “strengthened” more of the same — affecting 10% of all air passengers. All in the name of anti-terrorism. Sounds jolly. It’s still in the “mulling” stage (but it’s at the bureaucratic level, so no doubt it’ll be smoothly rubber-stamped into law by politicians loath to “touch the controls” when the “safety of wagakuni, the kokutai and kokumin” (i.e., not foreigners) is at stake.

Proponents claim these searches will be “random”. Yeah, sure. Just like they have been so far. After all, GOJ official policy has long been that foreigners are more likely to be terrorists. So, find the foreigner, and Bob’s your uncle, yuppers; it’s a short cut. Narita Airport, a pretty crappy and inconvenient airport to begin with, sounds like it’s becoming a real funhouse.

Mainichi: The transport ministry is considering strengthening antiterrorism measures at international airports in Japan from as early as April by conducting body searches on randomly selected passengers, airport sources said Sunday.

Departing passengers who do not pass screening at walk-through metal detectors are currently asked to go through a body search. With the new inspection procedure, about 10 percent of passengers will be randomly selected for a body search and baggage check, the sources said. The Ministry of Land, Infrastructure, Transport and Tourism expects the reinforced inspection procedures to act as a deterrent to terrorism, including acts involving explosives and weapons which metal detectors do not pick up, they said.

The new airport security practice is expected to be introduced at Narita airport and some other international airports, the sources said. The ministry and airlines are discussing whether the longer time needed for the security inspection would cause significant delays in plane boarding.

Chris Johnson on his 2011 experiences in the “Narita Airport Gaijin Gulag”, a complement to Amnesty’s 2002 expose (Amended)

Posted on January 12, 2012January 20, 2012 by Debito Arudou, Ph.D.

Last blog entry I talked about Amnesty International’s 2002 report on horrendous treatment and conditions of NJ detainees in Narita Airport. As a complement, here is Chris Johnson, photojournalist at venues such as CNNGo and The Japan Times, offering his unexpurgated experiences there last December. Despite having a valid visa, he was denied entry, he believes, due to his critical press coverage of TEPCO and government responses to the Fukushima disasters. He spent 30 hours in the Narita Airport “Gaijin Tank” (which he calls a gulag) before being forced to buy an overpriced one-way ticket and deported, and it changed his views dramatically on Japan’s legal and policing system.

This issue deserves more attention. Extralegality may be the norm in Customs and Immigration Zones around the world, but extreme treatment is exactly what happens when policing is unfettered and unmonitored. It is, to put it mildly, unbefitting a society such as Japan’s, with official pretensions towards respecting the rule of law. Especially when you read about Chris’s experience with the private security goons, who seem to have gone beyond any plausible mitigation (“just following orders”) by Milgram. Were these the people who killed Abubakar Awadu Suraj in 2010 while deporting him, and to this day have not been charged with any crime?

CJ: When you line up to get your passport stamped at Narita international airport outside Tokyo, look to your right toward a set of “special examination rooms.” That is where the trap door into Japan’s secretive gulag begins.

Most travellers, who regard Japan as a safe country of civilized people, have no idea that thousands of foreign arrivals — just like them — have fallen down that trap door into windowless dungeons in the bowels of the airport. From there, foreigners of all nationalities — seeking a pleasant vacation or a better life in Japan — have vanished into a horrific network of “detention centres” imprisoning thousands of innocent foreigners in appalling conditions.

Most red-eyed foreign arrivals also don’t realize that the immigration officers taking their fingerprints and scanning their passports are working with xenophobic colleagues who have deported on average about 20,000 foreigners every year since 2005, and who have been on trial for themurder of a longtime foreign resident of Japan last year at Narita.

They also don’t realize that airlines, according to the Immigration Bureau, are technically responsible for providing nightmarish dungeons and hiring “security guards” accused of human rights abuses — everything from extortion to theft, torture and denial of rights to call embassies, lawyers or family…

Amnesty International 2002 report on human rights abuses, including extortion and physical abuse, at the Narita Airport “Gaijin Tank” detention center

Posted on January 10, 2012January 10, 2012 by Debito Arudou, Ph.D.

AI Report Introduction: Foreign nationals entering Japan may be at risk of ill-treatment by immigration authorities during interrogations at Special Examination Rooms and by private security guards in detention facilities located at Japanese ports of entry, including Narita Airport.

During the period after denial of entry into Japan and before they were issued ”orders to leave” or issued deportation orders, foreign nationals have allegedly been detained in detention facilities located within the airport premises known as Landing Prevention Facilities (LPFs) or at an ”Airport Rest House” outside the airport site. Amnesty International has found evidence of ill-treatment of detainees at LPFs. It forms part of a pattern of arbitrary denial of entry to foreign nationals and systematic detention of those denied entry – a process which falls short of international standards. Amnesty International has received reports of detained foreign nationals being forced to pay for their ”room and board” and for being guarded by private security agencies that operate the LPFs. Foreign nationals have allegedly been strip-searched, beaten or denied food by security guards at these facilities if they have been unwilling to pay. The LPFs have detention cells that have no windows and there have been reports of foreign nationals being detained in these cells for several weeks without sunlight(1)and not being allowed to exercise.

Asylum-seekers have also had their requests for asylum rejected with no or inadequate consideration of the serious risk to their lives they face on deportation. These asylum seekers have been denied access to a fair and satisfactory asylum procedure; they are frequently not allowed access to interpreters and lawyers. Furthermore, they are forced to sign documents in languages they do not understand and of the content of which they have not been adequately informed. These documents may include a document signed by the deportee waiving his or her rights to appeal against decisions made by the immigration officials such as denial of entry into Japan. Amnesty International believes that the lack of access to independent inspections and the secrecy that surround LPFs and other centres of detention in Japan make them fertile ground for human rights abuses. Detained foreign nationals in the LPFs or immigration detention centres are not informed adequately about their rights.In particular, they do not always have prompt access to a lawyer or advice in a language they understand. The Japanese government should recognize the rights of people in detention to information, legal counsel, access to the outside world and adequate medical treatment. Those who had sought to contact United Nations High Commissioner for Refugees (UNHCR) have had their request turned down. In many cases, detainees at LPFs have been refused medical treatment by staff of security companies and by immigration officials. Decisions and actions of immigration officials and staff of security companies reveal a widespread lack of awareness of international human rights standards.

COMMENT: Sadly, this AI report is now ten years old and underreported; I was alerted to this situation by a journalist who underwent this procedure (including the extortion) over the past year. It’s not merely a matter of turning somebody away at the border — it is in my view a matter of prison screws extracting a perverse satisfaction (as will happen, cf. Zimbardo experiment) by lording it over foreigners, because nobody will stop them. And that’s Narita. I wonder how the situation is at Japan’s other international ports of entry. Sickening.

Changes to Alien Registration Act July 2012 — NJ to be registered on Juuminhyou Residency Certificates at last

Posted on January 7, 2012January 7, 2012 by Debito Arudou, Ph.D.

As the first real post of the new year, I thought we should start with a bit of unexpected good news. Let’s talk about the changes in Immigration’s registration of NJ residents coming up in July.

It’s been in the news for quite a bit of time now (my thanks to the many people who have notified me), and there is some good news within: NJ will finally be registered on Residency Certificates (juuminhyou) with their families like any other taxpayer. Maximum visa durations will also increase from 3 to 5 years, and it looks like the “Gaijin Tax” (Re-Entry Permits for NJ who dare to leave the country and think they can come back on the same Status of Residence without paying a tariff) is being amended (although it’s unclear below whether tariffs are being completely abolished).

But where GOJ giveth, GOJ taketh. The requirement for jouji keitai (24/7 carrying of Gaijin Cards) is still the same (and noncompliance I assume is still a criminal, arrestable offense), and I have expressed trepidation at the proposed IC-Chipped Cards due to their remote trackability (and how they could potentially encourage even more racial profiling).

Anyway, resolving the Juuminhyou Mondai is a big step, especially given the past insults of awarding residence certificates to sea mammals and fictional characters but not live, contributing NJ residents (not to mention omitting said NJ residents from local government population tallies). Positive steps to eliminate an eye-blinkingly stupid and xenophobic GOJ policy. Read on.

My Japan Times JUST BE CAUSE Column 47: 2011’s Top 10 Human Rights Issues affecting NJ in Japan

Posted on January 4, 2012January 4, 2012 by Debito Arudou, Ph.D.

Here’s my fourth annual round-up of the top 10 human rights events that affected Japan’s NJ residents last year. Concluding paragraphs:

Generations under Japan’s control-freak “nanny state” have accustomed people to being told what to do. Yet now the public has been deserted, with neither reliable instructions nor the organization to demand them.

Nothing, short of a major revolution in critical thinking and public action (this time — for the first time — from the bottom up), will change Japan’s destructive system of administration by unaccountable elites.

2011 was the year the world realized Japan has peaked. Its aging and increasingly-conservative public is trapped in a downward spiral of economic stagnation and inept governance. It is further burdened by an ingrained mistrust of the outsider (JBC Oct. 7, 2008) as well as by blind faith in a mythology of uniqueness, powerlessness as a virtue, and perpetual victimhood.

Japan has lost its attractiveness as a place for newcomers to live and settle, since they may be outright blamed for Japan’s troubles if not ostracized for daring to fix them. Now, thanks to the continuous slow-burn disaster of Fukushima, anyone (who bothers to listen anymore) can now hear the doors of Japan’s historically-cyclical insularity slowly creaking shut.

DEBITO.ORG NEWSLETTER JANUARY 2, 2012

Posted on January 3, 2012 by Debito Arudou, Ph.D.

Table of Contents:
END TIMES
1) The System really is irredeemably broken: BBC: Tsunami relief funds diverted to GOJ whaling program
2) Japan’s Broken System Pt 2: H-Japan cites AFP, Reuters, Yomiuri. NYT on how bad GOJ ineptness and obfuscation re Fukushima fiasco is getting
WEIRD AND CAPRICIOUS J BUREAUCRACY
3) Tokyo Reporter: Bust of Gas Panic bars in Roppongi due to “poorly behaving” foreigners allegedly breaking J laws against “dancing”
4) Arbitrary bureaucratic hurdles for registering international marriages in Tokyo Edogawa-ku Ward office. Have things changed?
5) J on how Japan’s Immigration Bureau uses unlegislated bureaucratic guidelines to trump the letter of the law, in this case re obtaining Permanent Residency
6) Gaijinwife blog on her house check — is having authorities visit Permanent Residency applicant’s home and throughly photograph its interior now SOP?
HOLIDAY DIVERSIONS:
7) How “religious” treatment of things Japanese allows for Japan to be kid-gloved through international public debate
8 ) Seidensticker in TIME/LIFE World Library book on Japan dated 1965. Compare and contrast with today’s assessments.
9) End-year Irony #1: Japan cancels free flights for NJ tourists, claims it’s “insensitive”, while funding GOJ whaling expeditions
10) End-year Irony #2: Japanese cast as Roman in “Thermae Romae” despite J complaints about Chinese cast as Japanese in “Memoirs of a Geisha”
11) DEBITO.ORG POLL: Agree or disagree: “2011 was a good year for me.”
… and finally…
12) My Japan Times JUST BE CAUSE column Dec. 6, 2011, on the effects of a lack of “fairness” as a strong cultural value in Japan (full text)

End-year Irony #2: Japanese cast as Roman in “Thermae Romae” despite J complaints about Chinese cast as Japanese in “Memoirs of a Geisha”

Posted on December 31, 2011December 31, 2011 by Debito Arudou, Ph.D.

Here’s another bit of irony from Japanland. It’s quite petty, so I kept it as a year-end frivolous tangent: Japanese movies can cast Japanese as NJ, but NJ movies cannot cast NJ as Japanese. Works like this:

JDG: [According to Japan Probe, live-action movie THERMAE ROMAE] casts a Japanese as a Roman]. I thought that it was a bit rich to cast a Japanese guy as an Italian, considering the outcry in Japan when when a Chinese actress starred in the film adaptation of MEMOIRS OF A GEISHA, the showing of which was even banned by some theaters in Japan on that basis! It’s a double standard.

COMMENT: There is likewise a long history in Hollywood to cast Asians fungibly — Chinese cast as Japanese in WWII propagandistic movies, some quite odd ethnic Japanese cast as “real” Japanese or even other Orientals (e.g., Mako, Gedde Watanabe), etc., etc., and that’s before we get to the outright racial stereotyping done in period-piece embarrassments such as Mickey Rooney’s Mr Yunioshi in BREAKFAST AT TIFFANY’S. Doesn’t take much to dig up the same phenomenon anywhere in world cinema.

But this is becoming unforgivable in this time of greater globalization, migration, immigration, and general ability to research, travel, and understand different people. People in the media should be trying harder. And they certainly are not in the THERMAE example. Nor were they in SPACE BATTLESHIP YAMATO (2010) — the live-adaptation of the manga and anime starring Kimura Takuya, in which the whole human galaxy is exclusively Japanese! (according to the IMDB full cast list) Even the STAR TREK crew casting did a bit better than that way back in the mid-1960’s! (Incidentally, I love how again-fungible-Asian Mr. Sulu is translated into “Mr. Katou” for the Japanese audience… But I digress. Then again, at least the cast is diverse enough to allow for that.)

I’m no doubt opening a can of worms (I can hardly wait until someone brings up the deliberate cultural insensitivities of BORAT…), but let’s end the year on a relatively frivolous note, since 2011 was probably the worst year on record for Japan and its residents in my lifetime. More on that in my upcoming Japan Times JUST BE CAUSE column, out on Tuesday, January 3, 2012.

End-year Irony #1: Japan cancels free flights for NJ tourists, claims it’s “insensitive”, while funding GOJ whaling expeditions

Posted on December 30, 2011 by Debito Arudou, Ph.D.

As the sands in the 2011 hourglass trickle away, here are a couple of posts to be filed away under Ironies. Today’s deals with how the GOJ sees “Tohoku disasters relief measures” — both in terms of funding foreign tourists and in funding ships killing whales.

Looks like one ministry is more prone to feeling public shame than the other, so, according to the announcements below, the suddenly “insensitive” proposal to give free plane tickets to foreign visitors to visit Japan has been cancelled. The Agriculture, Forestry, and Fisheries Ministry, however, is singularly shameless, so I doubt that will happen to whaling. Now, sooner or later, we’ll have to show sensitivity somehow to those afflicted by the Tohoku disasters. I wonder which ministry that falls under. Probably a lot of it under the former Construction Ministry arm of MLIT (Ministry of Land, Infrastructure, Transport, and Tourism), which has a long history of being even more shameless in ripping off the Japanese public than MAFF. Once again, evidence of just how out of touch Japanese bureaucrats are with the public they purportedly serve. I guess the next disaster, sadly, will have to happen in Tokyo.

JNTO: This autumn there were many reports about the Japan Tourism Agency proposing to give away 10,000 free flights to Japan in 2012. After the proposal was reported, people from around the world sent messages to Japan National Tourism Organization saying they would like to participate in the programme to visit Japan and to help revitalize Japan’s tourism industry following the March 2011 earthquake. So it is with regret that the Japanese Government announced the budget for this proposal has been declined, so the flight give away will not be going ahead.

Thanks to the support of the international community, Japan is making vigorous progress towards reconstruction in the earthquake and tsunami affected northeast of Japan, but recovery from the earthquake continues to be a pressing issue.

“We realise that this announcement is going to disappoint thousands of people around the world, but we hope people will understand how insensitive it would appear for the Japanese Government to give people free flights to Japan when the cities, towns and villages devastated by the tsunami are still in desperate need of funding for reconstruction. We also would not want people thinking that the generous donations given from around the world to aide [sic] those affected by the disaster was being spent on giving people free flights,” said Kylie Clark, Head of PR & Marketing, Japan National Tourism Organization.

Holiday Tangent: Seidensticker in TIME/LIFE World Library book on Japan dated 1965. Compare and contrast with today’s assessments.

Posted on December 27, 2011December 30, 2011 by Debito Arudou, Ph.D.

Happy holidays. Today I offer you some historical perspective regarding overseas dialog on Japan, in this case policy towards Japan by the United States. The year is 1965 (first edition 1961), an excerpt from a book about my age offering Edward Seidensticker, famous translator and interpreter of things Japanese for the English-reading outsider. This is a “WORLD LIBRARY” monthly library book on Japan (published by Time Life Inc.). His conclusion, in part:

Seidensticker: So many forces shaping the future of Japan are nevertheless out of Japanese hands, and therefore beyond the power of anyone to influence, that no country can afford to be unmindful of them. This can be said of any country, but it is particularly true of a country that remains divided.

For the West, and particularly its most powerful nation, a pair of injunctions would seem to be an apt conclusion to what has been said: Be quiet, and be strong.

Be quiet. If the troubles the United States had with Japan in 1960 taught a lesson, it was that the Japanese must not be pushed to a decision about their responsibilities in the world. They may eventually come to a decision by their own devices, but as things stand today, nothing should be done that might give the impression that the United States is applying pressure….

Debito’s comment, in part: In sum, this is a thoughtful article, and in 2000 words Seidensticker acquits himself well when it comes to knowledge and sensitivity towards Japan. But it’s clearly dated (not just because of smug hindsight to see how many predictions he got wrong); it’s clearly in the Edwin Reischauer camp of “poor, poor, misunderstood Japan, let’s not be ignorant or mean towards it”, meaning protecting the status quo or else someday Japan will attack us.

Yet now, fifty years later, Japan has essentially gotten everything it wanted from the West in order to develop and prosper. Yet I believe it’s heading back towards insularity today due to structures and habits that were NOT removed from Japan’s postwar bureaucracy and education system. Such as a weak investigative press, an economic system not geared beyond developmental capitalism, a lack of solid oversight systems that encourage rule of law rather than allow bureaucratic extralegal guidelines or political filibustering, a lackluster judiciary that cannot (or refuses to) hold powerful people and bureaucrats responsible, a public undereducated beyond a mythological and anti-scientific “uniqueness” mindset, able to understand equality and fairness towards people who are disenfranchised or who are not members of The Tribe, etc. These are all essential developments crucial to the development of an equitable society that were stalled or stymied (starting with the Reverse Course of 1947) under the very same name of maintaining the delicate balance of Japan’s anti-communist status quo. Well, the Cold War is long over, folks, yet Japan still seems locked into unhealthy dependency relationships (unless it is able to lord it over poorer countries in cynical and venal attempts to influence world politics in its own petty directions; also unhealthy). Only this time, for the past twenty years and counting, Japan simply isn’t getting rich from it any longer.

Merry Xmas to those celebrating: How “religious” treatment of things Japanese allows for Japan to be kid-gloved through international public debate

Posted on December 24, 2011December 25, 2011 by Debito Arudou, Ph.D.

As a special treat, allow me to connect some dots between terms of public discourse: How Japan gets kid-gloved in international debate because it gets treated, consciously or unconsciously, with religious reverence.

It’s a theory I’ve been developing in my mind for several years now: How Japan has no religion except “Japaneseness” itself, and how adherence (or irreverence) towards it produces zealots and heretics who influence the shape and scope of Japan-connected debate.

So let me type in two works — one journalistic, the other polemic — and let you connect the dots as I did when I discovered them last November. I hope you find the juxtaposition as insightful as I did.

National Geographic May 1994, on world rice: “Next stop, Japan. At the Grand Shrines of Ise, 190 miles southwest of Tokyo, the most revered precinct of Japan’s Shinto religion, white-robed priests cook rice twice daily and present it to the sun goddess, Amaterasu, who, they say, is the ancestor of the imperial family.

“The goddess brought a handful of rice from the heavens,” a senior priest tells me, “so that we may grow it and prosper.” He adds that in the first ceremony performed by each new emperor, he steps behind a screen to meet the goddess and emerges as the embodiment of Ninigi no Mikoto, the god of the ripened rice plant. Then every autumn the emperor sends to Ise the first stalks harvested from the rice field he himself has planted on the imperial palace gorunds. All Japanese, says the priest, owe their kokoro — their spiritual essence, their Japaneseness — to the goddess, “and they maintain it by eating rice, rice grown in Japan.”

Japanese law, in fact, long restricted the importation of rice. “Rice is a very special case,” explained Koji Futada, then parliamentary vice minister for agriculture, forestry, and fisheries. “It is our staple food, and so we must have a reliable supply as a matter of national security. That is why we politicians favor sulf-sufficiency, the domestic growing of all the rice we eat.”

Richard Dawkins, “The God Delusion”: “A widespread assumption, which nearly everybody in our society accepts — the non-religious included — is that religious faith is especially vulnerable to offence and should be protected by an abnormally thick wall of respect, in a different class from the respect that any human being should pay to any other… If the advocates of apartheid had their wits about them they would claim — for all I know truthfully — that allowing mixed races is against their religion. A good part of the opposition would respectfully tiptoe away.”

Gaijinwife blog on her house check — is having authorities visit Permanent Residency applicant’s home and throughly photograph its interior now SOP?

Posted on December 21, 2011December 21, 2011 by Debito Arudou, Ph.D.

Gaijinwife: Two men from the immigration office [were] waiting in their car across the street when I got home from shopping at about 3pm. They show me their ID badges and say they are here to do a checkup on my application for permanent residency that I submitted in August. They give me a piece of paper to sign saying that I give them permission to come into the house and have a look round. I have had no warning they would be coming so it is just pure luck I’m not still in my PJs squiffing wine and watching horny housewife porn on an illegal streaming site.

The first thing they do is take a photo of the array of shoes in the genkan – focussing on the kids shoes. They ask me questions about the kids, where Granny K sleeps and then come into the lounge where they take a photo of the fire – the DVDs and the lego on the mantlepiece above it. We haven’t used the fire this season yet but when we do all the toys and shit will go and the big metal guard will come out – they asked about it. I offered to show them but that wasn’t necessary.

Then they wanted to know where the kids clothes were – as if shoes, lego, DVDs, and a pile of unfolded kids laundry on the sofa wasn’t enough. He even took a picture of a pulled out drawer with kids clothes in it. I then got quizzed on the futon downstairs – was that the master bedroom? No, I said, it is where I am sleeping cause I’ve got a hacking cough and no point keeping hub up as well. Oh, so you and your hub aren’t sleeping in the same room? No, but we do usually. Would you like to see our bedroom – its upstairs. So up we go where more photos are taken of our bedroom (bed miraculously made) and kids bedrooms….

J on how Japan’s Immigration Bureau uses unlegislated bureaucratic guidelines to trump the letter of the law, in this case re obtaining Permanent Residency

Posted on December 18, 2011 by Debito Arudou, Ph.D.

J: I think I have an undeniable open-and-shut appeal case in which the courts will most likely overturn an immigration officer’s illegal decline of Permanent Residency. What makes [my] PR decline obviously “illegal” is that the following Law was ignored:
#1 reason for declination is: having committed a crime.
#2 reason for declination is: being financially too poor.
#3 reason for declination is: not being a profit to Japan.
The Law then nicely goes on to state that reason #1 and reason #2 can NOT be used to decline spouses of Japanese citizens. So, this means that if an immigration officer wants to legally decline Permanent Residency to a spouse of a Japanese citizen, he is REQUIRED to claim reason #3. My case is: I’m married to a Japanese citizen (7 years) and yet the immigration officer declined my Permanent Residence using reason #1, “previous conviction” [for a traffic accident].

Followup from J: Whoever wrote the original Law saying that reason #1 and reason #2 can NOT be used to decline spouses of Japanese citizens, their goal was clear: to let foreigners married to Japanese citizens become Permanent Residents, regardless of whether they were convicted criminals, or poor, or both. But then, some bureaucrats within immigration with the opposite goal (limiting PRs) decided to write some new “Guidelines” which say the exact opposite.

These new “Guidelines” (which the Unelected bureaucrats proclaim “trumps” the Laws written by Elected Lawmakers) say that reason #3 includes convictions… Guidelines written by Unelected bureaucrats are REVERSING and TRUMPING the Laws written by Elected Lawmakers, plus let’s remember that these Guidelines are usually secret.

Do the Elected Lawmakers know that their will has been reversed and trumped? Do the Elected Lawmakers know that these new guidelines are in direct conflict with national Laws?

My conversation recently with an immigration official summed it up perfectly, when I read him the Law stating that reason #1 can’t be used against me, he said, “That’s just a law!”

I couldn’t believe it, this officer actually said, in front of his co-workers, “それはただの法律だけ！” His tone was perfectly clear, “WE make the decisions around here, not laws.”

Arbitrary bureaucratic hurdles for registering international marriages in Tokyo Edogawa-ku Ward office. Have things changed?

Posted on December 15, 2011December 15, 2011 by Debito Arudou, Ph.D.

K: My fiance and I went to get married today, and from the second we walked in the door it was: “…oh.” I understand that there have been many occasions of abuse of the system, but my fiance called the offices to ask what we needed to register. We took everything, but the second we walked in the door, it all changed.

My fiance tried to convince me it was HIS fault that the office needed more “proof”. I told him to not give me a load of BS, and eventually he admitted that the staff even told him point blank: “Look, it’s different because you are marrying a foreigner. If she were Japanese you wouldn’t have this problem, but she’s a foreigner.”

We brought every single document that they asked for. He called, made a checklist, and we brought it with us. Now they need everything from all of my “foreign proof and documentation” translated, extra stamps, his parents permission for him to marry me, etc. They told him none of that would be needed when he called, but when it came time to actually “seal the deal”, and we were standing in front of them, that is what we were told. We double checked with my embassy, etc, and we got told the same thing: “You don’t need any of that in your ward, just what you already have”. The items they ask for aren’t even on the ward’s website.

What should I do, as I don’t feel this should be allowed. I looked at your site, but didn’t see it mentioned about what one should do if it is a governmental institution itself.

I’ve dealt with so many sideways looks, been asked not to enter into establishments down south, etc, all because I am not good enough. I am “gaijin”. I’m not sure how you take it. My Japanese professor in college told me he left after 20 years, despite having a fiance, as he couldn’t take it. No matter what he did, he was still always “gaijin”. I understand, finally, what he means.

COMMENT: So, what are experiences of others out there? I certainly didn’t have this rigmarole, but I got married all the way back in 1989. My impression from others has always been that it’s pretty easy to get married in Japan to a Japanese, period. Have things recently changed?

Japan’s Broken System Pt 2: H-Japan cites AFP, Reuters, Yomiuri. NYT on how bad GOJ ineptness and obfuscation re Fukushima fiasco is getting

Posted on December 12, 2011December 12, 2011 by Debito Arudou, Ph.D.

DS: Here is a review of the SDF (Self-Defense Forces) and their uneven and slow attempts to clear irradiated soil. It seems that they carry as little protection as many of the ad-hoc volunteer groups. Some of the work was outsourced to private companies, but all of the different groups mostly work with shovels and buckets. “‘There’s no magical way to decontaminate the areas instantly. Our job is to prove our technology, even though it’s low-tech,’ said an official of the Japan Atomic Energy Agency, which is jointly conducting the decontamination project with the central government.” And “A dosimeter briefly displayed radiation levels of seven to eight microsieverts per hour during the cleanup. The central government has set a goal of lowering the radiation level to 20 millisieverts per year and 3.8 microsieverts per hour in the contaminated zones.”

Here is the New York Times article that gives a broader scope to the issues, and problems, of decontamination. Fackler writes, “So far, the government is following a pattern set since the nuclear accident, dismissing dangers, often prematurely, and laboring to minimize the scope of the catastrophe. Already, the trial cleanups have stalled: the government failed to anticipate communities’ reluctance to store tons of soil to be scraped from contaminated yards and fields.” This is midst continuing reports of opposition by local communities to allow radioactive soil to be relocated and dumped in their own area…

The System really is irredeemably broken: BBC: Tsunami relief funds diverted to GOJ whaling program

Posted on December 10, 2011December 10, 2011 by Debito Arudou, Ph.D.

A bit of a tangent, but an important one, as it’s a watershed moment. I saw some news three days ago that made me say out loud, “That’s torn it. The System is irredeemable.” According to the BBC and the SMH below, we have relief efforts that should be going towards helping its own citizens recover from a tsunami and botched corrupt nuclear disaster going towards a GOJ pet project, a corrupt one that essentially exists to thumb its nose at the world: whaling. Yes, whaling.

People might have excused the GOJ for botched relief efforts up to now because a) the scale of the disaster is unprecedented or facing too many unknowns, b) the infrastructure was too damaged for efficient cleanup and rescue, c) things just take time and money to fix. But there is NO excuse for diverting money away from relief efforts for this kind of vanity project. It’s porkbarrel at the expense of a slowly-poisoned public.

And do you think the domestic media would have exposed this if activists and the foreign media hadn’t? The System is broken, and the Japanese public, cowed by a forever-fortified culture of submission to authority that punishes people for ever trying to do something about it, will not fix it. As I have argued before, Japan has never had a bottom-up revolution. And I don’t see it happening at this time no matter how corrupt and poisoned things get.

My Japan Times JUST BE CAUSE column Dec. 6, 2011, on the effects of a lack of “fairness” as a strong cultural value in Japan

Posted on December 9, 2011December 9, 2011 by Debito Arudou, Ph.D.

JBC: These past few columns have addressed fundamentally bad habits in Japanese society that impede positive social change. Last month I talked about public trust being eroded by social conventions that permit (even applaud) the systematic practice of lying in public.

This month, let’s discuss the lack of cultural value invested in “fairness.”… The point is, you are simply less human in Japan without Japanese nationality, and institutional practices back that up.

One reason these practices can be perpetuated is that the Japanese public tacitly (and not so tacitly) acquiesces to them, instead of reflexively helping foreigners fight against them. I believe the root cause is how little cultural value is generally assigned to “fairness.”…

Only an ironclad guarantee of “fairness,” a cornerstone of liberal societies and held in as high regard as “Do unto others . . .” will ensure equal opportunity and essential civil, political and human rights. One has to believe this, and have it promoted constantly in the public arena to raise awareness, until it too becomes an unquestioned given….

That’s simply not the expectation in a society as rigidly hierarchical as Japan’s, hard-wired to see shades of superior and subordinate in just about every possible interaction (down to the linguistics).

Tokyo Reporter: Bust of Gas Panic bars in Roppongi due to “poorly behaving” foreigners allegedly breaking J laws against “dancing”

Posted on December 6, 2011December 7, 2011 by Debito Arudou, Ph.D.

Sometimes it seems to me that rules in Japan are made just to keep people from having fun. For example, cultural conventions hinder swimming after Obon in the south (despite still being jolly hot outside — I’ve been in southern Shikoku in late August and found campsites closed and beaches deserted), and have seen police command the public get out of the ocean in Okinawa (I’m told there are some times of the year when ocean swimming in this semitropical climate is officially frowned upon) on New Year’s Day. We’ve been told we can’t play games (such as chess or euchre) at izakayas by barkeeps; similarly, in a Tokyo “Irish bar” during a JALT conference, we had Irish friends who brought out their pocket instruments to play Irish music, only to be told that it was causing discomfort to the customers (it wasn’t; people were clapping and tapping along), and they had to be quiet in favor of the canned Irish music being piped in. Japan’s frowning on outdoor screens during the World Cup 2002 (unlike in Korea, Japan’s fans had to watch the games within walls) due to alleged traffic control and crime prevention concerns. I’m sure Readers can come up with lots more examples — of anal-retentive people who use their power to summarily prevent public expressions of joy and release (that is, without the socially-accepted cloak of too much alcohol).

Now we have this actually legally-established ban on “dancing without a license” after 1 a.m. I could understand late-night controls on noise etc., but dancing?? Not only that, the cause of dancing is deemed to be foreign in origin. Yeah right, Japanese don’t dance. And when does dancing begin and just tapping out a rhythm end? And when does the accusation, made below, of making the neighbors uncomfortable because foreigners are around end?

Sounds like yet another NPA pretense to raid the “foreigner clubs”. And it isn’t the first time — try 2007’s raid on Hiroshima’s “El Barco” (which let anyone visibly Japanese go and targeted the NJ for Immigration checks) on the charge of dancing violations, and 2009’s Roppongi bar raids and NJ spot urine checks for drugs (which in this case are supposed to require a warrant). So I guess accusations of “dancing” are something that doesn’t involve racial profiling — unless, of course, you say that the foreigners in specific are committing them. As the article below basically does. Arbitrary and capricious.

Tokyo Reporter: The weekend bust of two popular nightclubs within the Gas Panic chain was due to the presence of undesirable foreigners, reports Nikkan Gendai (Nov. 30)… A journalist who covers the adult entertainment industry says the chain of foreigner-frequented bars is popular for those on low budgets, but in recent times police have been taking notice of trouble. “Recently, poorly behaving foreigners from the Middle East and South-East Asia have started showing up,” says the source. “They make others not want to come around, and maybe some neighbors complained.”

DEBITO.ORG NEWSLETTER DECEMBER 5, 2011

Posted on December 5, 2011 by Debito Arudou, Ph.D.

Table of Contents:
1) David Slater and Yomiuri on how activism re Fukushima is being stifled, contamination efforts stymied
2) Movie about Ichihashi Tatsuya, convicted killer of Lindsay Ann Hawker, already in the works — based upon his book. Ick.
3) MOFA offers public comments on signing Hague Convention on Child Abductions; not much there
4) UPDATE: Post-divorce J child abductor Inoue Emiko DOES get book thrown at her in Milwaukee court, will return abducted child to custodial NJ father
5) Thai flood victims getting 6-month visas into Japan to maintain Japan Inc.’s supply lines, then booted back home
6) The tug of war continues: Fukuoka High Court overrules Oita District Court that doubted, then affirmed, Oita Prefectural Govt’s denial of welfare benefits to superannuated NJ Permanent Resident
7) Debito.org Dejima Award to Japan Rugby Football Union, blaming J losses on “too many foreign players”, including naturalized former NJ
8 ) Japan Times: Colin Jones on schizophrenic J constitution regarding civil and human rights of NJ residents
9) Japan Times: More NPA behavioral oddities re alleged murders of Scott Kang and Matthew Lacey Cases
10) Suraj Case of police brutality and death during Immigration deportation in Japan Times Nov 1, 2011
11) Have Your Say: Letters to the Editor re my Oct 4 2011 Japan Times JBC column, “Japan needs less ganbatte, more genuine action”

…and finally…
12) My Japan Times JUST BE CAUSE column 45 Nov 1, 2011: “The costly fallout of tatemae and Japan’s culture of deceit”

David Slater and Yomiuri on how activism re Fukushima is being stifled, contamination efforts stymied

Posted on December 3, 2011December 3, 2011 by Debito Arudou, Ph.D.

This is an email written by an academic in Japan sent to a public Japan listserv. It is a very indicative accounting of how protests and grassroots activism is systematically stifled and stymied in Japan (in the context of Fukushima), and how even local governments are given the wrong incentives and making weird (and wrong) decisions (e.g., the apparent public shame in decontamination). Plus the terminology (i.e., kegare) that is shifting the blame from the perpetrator of the contamination to the victim. Followed by an excellent conclusion that is worthy of print that the social effects of this disaster (particularly in terms of discrimination) will last a lot longer than anticipated.

DS: As the process of decontamination in Tohoku gets going, we see a range of often chilling representations and bad options, pollution and risk everywhere. “Contamination” today goes beyond the early reports of avoidance behavior and school bullying. Fear of this stigmatization is forcing some townships to forgo governmental relief and retarding local protest efforts…

In yesterday’s Yomiuri [full text below] there was an article about municipalities that have refused governmental help with the decontamination processes for fear of stigmatization. ‘”If the government designates our city [as subject to intensive investigation of radiation contamination], the entire city will be seen as contaminated. We decided to avoid such a risk,” a senior municipal government official said.” Another official is quoted: “If our town receives the designation, it may deliver a further blow to our image, already damaged by radiation fears.” This, despite the fact these townships have already received excessive radiation measurements. Usually, the townships are afraid of hurting tourism or exports of agricultural products, but often the cost of decontamination is too high for them to pay themselves…

In a set of interviews that I have been doing among Fukushima women anti-nuke activists, one explained that it was very hard to enlist other women from her community for similar reasons. “It is sort of crazy–even though these women are afraid of radiation, and even though they actually know that areas all around [their children’s school] have high radiation, they do not want to say anything…. because they are afraid of the being singled out.” This activist was frustrated with the other mothers, angry because their reluctance to say anything weakened the voice of the community in taking a unified position.

Movie about Ichihashi Tatsuya, convicted killer of Lindsay Ann Hawker, already in the works — based upon his book. Ick.

Posted on November 30, 2011December 1, 2011 by Debito Arudou, Ph.D.

Here’s some ghoulish news. According to Yahoo News below in Japanese, there is a biopic in the works on Ichihashi Tatsuya, convicted killer of Lindsay Ann Hawker, coming out next year based upon his book (which we lambasted here on Debito.org last January as publisher profiteering) about his 2 1/2 years on the lam as a fugitive from justice.

Now, movies about killers are nothing new (including ones with overtones of hero worship; consider NATURAL BORN KILLERS), and biopics about Japanese killers (the very good VENGEANCE IS MINE, starring a lean and mean Ogata Ken, I saw back in college) are also out there (even though VENGEANCE, although it tries to analyze the killer’s motivations and mother complex, did not spare the audience of the horrific detail of his murderous activity). Maybe this movie will do the same (even though many of the details of what Ichihashi did to Hawker’s corpse have not been made public). But the article below says that the contents will focus on his life as a fugitive and offer insights into Japan’s low life (such as the day laborer sector of Airin Chiku; cue sympathy for the killer’s hardships?). In any case, I for one see this as just more profiteering. It looks as though this story will be depicted through Ichihashi’s eyes, and there is apparently already quite an online hero cult out there for this creep that the studios would love to cash in upon.

Again, this sort of media event has happened before, but this is altogether too soon — still seems like moviemakers trying to make a fast yen (and an unknown actor trying to make a directorial debut; he talks briefly below about his “feeling of responsibility” towards the victims, but mostly about how the killer’s account fascinates him, so methinks that’s what the flick will focus upon) before Ichihashi fades from public memory. Ick.

MOFA offers public comments on signing Hague Convention on Child Abductions; not much there

Posted on November 27, 2011 by Debito Arudou, Ph.D.

Related to Japan’s future signing of the Hague Convention on Child Abductions, here we have an official report about a public forum held on November 22, 2011 at the Ministry of Foreign Affairs (something I attended before and incidentally considered a very flawed and biased format). Present were academics, lawyers, the Ministries of Justice, Health and Welfare, Education, Internal Affairs, plus the Cabinet and the National Police Agency.

In the course of discussions about setting up a central agency to handle the enforcement of the Hague, 168 public comments were collected since the end of September and were brought up at this meeting. That report follows in full below, courtesy of TS. A few things I found noteworthy within it:

1) The term LBP (Left-Behind Parent) is now part of the Japanese lexicon.

2) In discussions about the right of both parents to have information about (if not access to) their children, the same old saws about DV (domestic violence, however unclearly defined, and in Japan that matters) came up, and the GOJ is as usual being called in to do something about it (apparently more than just mediate, which the GOJ gets all control-freaky and nanny-state about) — seesawing between the LBP’s right to know about their children and the custodian’s right to be safe from the violent boogeyman ex-spouse. This seesawing was also visible in an even more vague discussion about the GOJ holding onto passports of potential abductors and abductees, except under exceptional circumstances that were mentioned but left undeveloped.

3) The GOJ, regarding contact between LBP and child, plans to “support the respect of visitation rights”, but it also leaves measures vague and expresses caution about doing much of anything, really.

All told, this level of discussion was pretty low. I found little concrete here to sink one’s teeth into regarding advising toward future policies guaranteeing the lynchpins to this discussion: joint custody and guaranteed visitation that goes beyond an hour a two a month. Not to mention return of internationally abducted children to their habitual residence as per the Hague. Others are welcome to read the text below and squeeze out whatever interpretations I may have missed. But given how much duplicity has taken place regarding the rights of LBPs in Japan up until now, I sadly remain unhopeful.

UPDATE: Post-divorce J child abductor Inoue Emiko DOES get book thrown at her in Milwaukee court, will return abducted child to custodial NJ father

Posted on November 23, 2011December 26, 2011 by Debito Arudou, Ph.D.

As was reported on Debito.org last October 28 regarding the issue of Japan as safe haven for international child abductions, the US courts looked like they actually might start enforcing their arrest warrants against Japanese child abductors. In this case, against a Japanese woman named Inoue Emiko who reportedly whisked the kid off to Japan despite a US court awarding the father, Moises Garcia, custody. Then Inoue used the time-honored tactic of abducting the kid anyway and getting a Japanese court to award her the kid instead regardless (with a gracious 30-day per year visitation allowed; thanks a heap). Then she presumptuously decided to have her cake and eat it too, coming back to Hawaii last April to renew her Green Card, whereupon the authorities honored the arrest warrant against her and sent her to stand trial in Wisconsin (leaving the kid in limbo with the grandparents in Japan).

Back in October I said that enough is enough, and that the American judiciary should throw the book at her. Well, guess what — they did, and it looks as though the mother will return the child to the custodial father. Bravo! Read on. Let that be a lesson to you, child abductors, and let that be an incentive for Japan to sign the Hague Convention.

Journal Sentinel: [Abducted child] Karina Garcia’s mother agreed in court Monday to have the girl home in Fox Point by Christmas. If she makes it, the 9-year-old would be the first of what advocates say are more than 300 children around the U.S. abducted to Japan in violation of American court orders to be returned through legal intervention. She also could become a poster child for how to solve a growing problem as international marriages increase in the global economy.

The girl’s father, Moises Garcia, was pleased but cautious in talking to reporters after the hearing, where his ex-wife, Emiko Inoue, pleaded no contest to the felony charge of interfering with child custody by other parent. She was found guilty, but a plea agreement could leave her with only a misdemeanor conviction if Karina returns and Inoue completes other conditions.

UPDATE DEC 25 2011: Convicted felon Inoue Emiko returns the child to the father and gets released from the clink. Bravo. And of course, the Japanese media still refuses to use her name in the domestic press. Or even call what she did a crime. Check out the wording below: “arrested on suspicion of taking her 9-year-old daughter to Japan in violation of the father’s parental rights, the father’s lawyer said”. Those pesky lawyers and their allegations; never mind the conviction and sentencing by a judge. She abducts the kid, tries to game the USG by coming back to renew her Green Card, and after all that still has visitation rights in America. All right for some, isn’t it? Try getting this fair a deal in Japan. But again, fairness is not a highly-prized cultural conceit for Team Japanners. Especially when you consider the bias in reporting. The Japanese article claims the daughter “wanted to live in Japan”, but once told of the situation, “went to America to save her mother” according to the very different headline. What a trooper! Especially after being put in this position by her irresponsible mother in the first place!

Thai flood victims getting 6-month visas into Japan to maintain Japan Inc.’s supply lines, then booted back home

Posted on November 22, 2011 by Debito Arudou, Ph.D.

JT: Several thousand Thai workers at Japanese firms operating in Thailand will be allowed to work in Japan, Chief Cabinet Secretary Osamu Fujimura said Friday, as companies shift their production in light of the impact of the massive floods in the Southeast Asian country…

Fujimura said the government is looking to accept thousands of Thai workers from about 30 firms for a fixed time frame of roughly six months. Among the conditions the government will impose on the firms is to make sure the Thai workers return to their home country…

COMMENT: File this yet again under Japan Inc. having its cake and eating it too. We wouldn’t want to have Japanese corporations losing out because of natural disaster overseas impeding our supply lines, now, would we? (And as a petty but definitely related tangent, where is the Japanese media when you need them to criticize the Japanese “fly-jin” fleeing the country instead of staying behind to help Thailand recover? They certainly did their bashing when NJ, and apparently only NJ, allegedly flew the coop post-Fukushima.) So we’ll temporarily export the workers to Japan, have them keep up with the conveyer belts for the apparent honor of being extant in our safe, clean, modern society (while no doubt working cheaper than native Japanese, as usual), then boot them back as soon as we can so they cause no disruptions to our safe, clean, modern society (like we did our Brazilian cousins back in 2009 when they outlived their usefulness; we get to keep their investments anyway and need show no gratitude). Good ole foreign workers. Under Japan’s visa regime, they’re just widgets in the Grand Scheme.

The tug of war continues: Fukuoka High Court overrules Oita District Court that doubted, then affirmed, Oita Prefectural Govt’s denial of welfare benefits to superannuated NJ Permanent Resident

Posted on November 18, 2011November 18, 2011 by Debito Arudou, Ph.D.

Yomiuri: The Fukuoka High Court ruled Tuesday that permanent residents in in Japan with foreign nationalities are eligible to receive public welfare assistance, overturning a lower court ruling. The high court accepted an appeal by a 79-year-old woman who is a permanent resident in Japan with Chinese nationality. She filed the lawsuit, claiming that the Oita city government illegally rejected her request for public welfare assistance.

Presiding Judge Hiroshi Koga said in the ruling, “Foreign citizens with permanent residency [in Japan] are legally guaranteed the same status as Japanese citizens who receive the same treatment.” The high court overturned the Oita District Court’s ruling and nullified the Oita city government’s decision not to grant the woman public welfare benefits. According to a lawyer for the plaintiff, it is the nation’s first court ruling to present a legal basis for foreign permanent residents in Japan to receive public welfare benefits.

COMMENT: Okay, that’s good news and a good precedent. Glad they took it away from the denizens of Oita, who as I noted back on Debito.org last November clearly started saying “Chotto…” to the petty bureaucrats, then backtracked within two weeks as the wagons encircled to rule against the alleged foreigner (I would like to hear more about her, i.e., if she is in fact a Zainichi or not — there is a difference between ippan eijuusha and tokubetsu eijuusha, after all, and that will be noted by any legal exceptionalists who want to stop further positive precedent building). But the fact that she’s born here, raised here, speaks Japanese as her native language, and is approaching eighty years of age, yet STILL was denied benefits by heartless bureaucrats, backed up by the judiciary, is more than a bit scary. If this gets appealed to the Supreme Court (after all, the GOJ is a sore loser in court), I hope the judges are in a good mood when they start deliberating. Maybe we should send them sweets.

Japan Times: Colin Jones on schizophrenic J constitution regarding civil and human rights of NJ residents

Posted on November 9, 2011 by Debito Arudou, Ph.D.

The Japan Times Community Page does it again! Legal scholar Colin P. A. Jones on the loopholes and contradictions within the Japanese postwar Constitution, how they came about, and what they mean in practice in terms of NJ (and Japanese) civil and human rights. This is one of the most enlightening pieces I’ve read all year, connecting a lot of dots and answering questions I’ve had building up for years. What are you waiting for? Read it! Several times. Until it sinks in.

JT: Of course, the real Pandora’s box of constitutional paradoxes involves the rights of non-Japanese […]. The first paradox is presented by Chapter 3 of the charter, which in Japanese is titled “Rights and Duties of the Japanese People.” The clear linkage of rights to citizenship is missing from the official English version; to read it properly, you need to understand that where it says “the people,” the Japanese term used is kokumin, which clearly refers to Japanese nationals. In some places the term used is “person,” which lacks any nuances of citizenship, but it still appears in a chapter whose title appears to limit all rights to citizens.

This subtle but important discrepancy is the result of what historian John Dower calls “language games” on the part of the Japanese government team when it rendered the Americans’ English draft into Japanese. This form of passive resistance, together with another modification that the Americans inexplicably accepted (the elimination of “nationality” as a prohibited category of discrimination under the equal protection provisions of Article 14), has resulted in a Constitution that seems schizophrenic insofar as it speaks of defining equality and “fundamental human rights” as being conditioned on nationality rather than being human…

So what rights do foreign residents have under the Constitution? Well, according to the Supreme Court, they are entitled to all the same rights as Japanese people, except for those which by their nature are only to be enjoyed by Japanese people. Does that help?

Japan Times: More NPA behavioral oddities re alleged murders of Scott Kang and Matthew Lacey Cases

Posted on November 7, 2011November 7, 2011 by Debito Arudou, Ph.D.

Speaking of odd Japanese police behavior towards NJ in criminal cases: We’ve talked about the Scott Kang and Matthew Lacey Cases here on Debito.org before. Fortunately, these cases have gathered traction thanks to caring family members, and tenacious reporters who don’t accept the NPA’s line that both of these deaths of NJ were mere accidents (while refusing to cooperate promptly and clearly on autopsy reports). I have argued before that Japanese justice operates on a different (and subordinate) track for NJ victims of Japanese crime (i.e., Japanese perps get off the hook, foreign perps get thrown the book). These articles in the Japan Times help to fortify that case (not to mention further illustrate how the USG’s missions abroad are woefully inadequate in providing service and protections to their own citizens).

JT: Nineteen-year-old Scott Kang was found lying unconscious in a pool of his own blood in the early hours of Aug. 26, 2010, in the sixth-floor stairwell of Collins Building 15, an eight-story high-rise of small hostess bars and clubs located near Shinjuku City Hall in Kabuki-cho. He remained in a coma for five days before dying of his injuries, his mother by his side, at the Kokuritsu Kokusai Iryo Kenkyu Center in Shinjuku…

The Kangs and their supporters strongly reject the police finding of accidental death and want to see the case re-opened. They are also deeply unhappy with the way the Japanese police carried out the investigation and their failure to inform the family when they closed the case [in February]… But according to Mr. Kang, he received no communication from the U.S. authorities about the investigation’s closure until early July when an officer from the U.S. State Department telephoned.

Kang says that the failure of the embassy to pass on such critical information in a timely fashion shows the embassy is not taking the case seriously. “I feel the U.S. Embassy acted as if Scott was not a U.S. citizen.”…

JT: Charles Lacey’s brother died mysteriously [in 2004] in Fukuoka and he’s still trying to learn the cause. He believes police bungled the investigation, wrongly concluded the death was due to an accident and are, like prosecutors, purposely withholding key information that could suggest foul play…

The English translation of the postmortem, which was prepared by Fukuoka police and not by the doctor who performed the exam, attributed the death to an “unknown external cause” and “it is suspected the subject was hit on the head.” To the family’s surprise, foul play was ruled out.

Suraj Case of police brutality and death during Immigration deportation in Japan Times Nov 1, 2011

Posted on November 4, 2011November 7, 2011 by Debito Arudou, Ph.D.

Here we have more reported (thanks to assiduous folks at the Community Page at the Japan Times) on the Suraj Case, a mysteriously underinvestigated case we’ve mentioned here before of police brutality and death of an African during deportation. What gets me is that even some of the veto gates at the Japan Times, according to the editor of this article on his facebook entry, took issue with the use of the word “brutal” in the headline; given what finally came to light regarding the condition of Mr. Suraj’s corpse below, “brutal” is obviously appropriate. And it would not have come to light at all had not Mr. Suraj’s widow and these reporters not pursued this case with such tenacity. Keep it up, Japan Times. Who else in a milquetoast Japanese media that is generally unsympathetic to NJ issues would give a toss?

JT: Abubakar Awudu Suraj had been in Japan for over two decades when immigration authorities detained him in May 2009. The Ghanaian was told in Yokohama of his deportation to Ghana at 9:15 a.m. on March 22 last year. Six hours later he was dead, allegedly after being excessively restrained by guards…

The 45-year-old’s case has largely been ignored in the Japanese media and no politician has answered for his death. An investigation by Chiba prosecutors appears to have stalled. There has been no explanation or apology from the authorities…

An autopsy report seen in a court document notes abrasions to his face, internal bleeding of muscles on the neck, back, abdomen and upper arm, along with leakage of blood around the eyes, blood congestion in some organs, and dark red blood in the heart. Yet the report bizarrely concluded that the cause of death is “unknown.”

Any movement in the Suraj case is largely down to his wife, who wants to remain anonymous. She won a lawsuit against the Justice Ministry, which oversees immigration issues, demanding it disclose documents related to his death. The documents were finally released in May, more than a year after he died…

My Japan Times JUST BE CAUSE column 45 Nov 1, 2011: “The costly fallout of tatemae and Japan’s culture of deceit”

Posted on November 2, 2011November 5, 2011 by Debito Arudou, Ph.D.

JT JBC: There is an axiom in Japanese: uso mo hōben — “lying is also a means to an end.” It sums up the general attitude in Japan of tolerance of — even justification for — not telling the truth.

First — defining “telling the truth” as divulging the truth (not a lie), the whole truth (full disclosure) and nothing but the truth (uncompounded with lies) — consider how lies are deployed in everyday personal interactions.

Let’s start with good old tatemae (charitably translated as “pretense”). By basically saying something you think the listener wants to hear, tatemae is, essentially, lying. That becomes clearer when the term is contrasted with its antonym, honne, one’s “true feelings and intentions.”

Tatemae, however, goes beyond the “little white lie,” as it is often justified less by the fact you have avoided hurting your listener’s feelings, more by what you have gained from the nondisclosure.

But what if you disclose your true feelings? That’s often seen negatively, as baka shōjiki (“stupidly honest”): imprudent, naive, even immature. Skillful lying is thus commendable — it’s what adults in society learn to do.

Now extrapolate. What becomes of a society that sees lying as a justifiably institutionalized practice? Things break down. If everyone is expected to lie, who or what can you trust?…

Have Your Say: Letters to the Editor re my Oct 4 2011 Japan Times JBC column, “Japan needs less ganbatte, more genuine action”

Posted on November 1, 2011November 1, 2011 by Debito Arudou, Ph.D.

Letter to the Editor: Ganbatte and gaman stifle debate, hinder recovery, Nuclear debate discouraged (excerpt)

Re: “Japan needs less ganbatte, more genuine action” by Debito Arudou (Just Be Cause, Oct. 4): I was wondering when such an article would show up in the newspapers. Thank you for finally commenting on some of the finer workings of how the triple disaster is being dealt with in Japan.

Like any event on this scale, the catastrophe has brought out the best and worst in Japanese culture. While one cannot help but admire the stoicism, calmness and composure in dealing with the events in March, the lack of discussion about the future of nuclear energy, food safety and lessons learnt is shocking.

For non-Japanese it is difficult to follow the social workings in Japan. Concepts such as ganbatte and gaman, which are raised by the author, play an important part in discouraging necessary debate. Also, the Japanese social convention of considering the expectations and feelings of others suppresses discussion….

Rest of the letters at: http://www.japantimes.co.jp/text/fl20111101hs.html

DEBITO.ORG NEWSLETTER OCTOBER 30, 2011

Posted on October 30, 2011 by Debito Arudou, Ph.D.

Table of Contents:
CRIMINALITY DEFENDED AS CULTURAL DIFFERENCE

1) Reuters on Olympus Japan corruption issue: It takes a NJ whistleblowing CEO to uncover it, yet he gets sacked for “cultural reasons”
2) Mainichi & Yomiuri: Japanese ex-wife arrested in Hawaii on suspicion of abducting child from custodial father
3) GOJ wants seat on the UN Human Rights Council for 2013-2015. Here’s MOFA’s formal pledge of Japan’s commitments to human rights. Note what’s missing.
4) History: Witness the GOJ’s negotiating tactics during WWII with its allies, according to W.L. Shirer’s “Rise and Fall of The Third Reich”. Not much different today.

POST-FUKUSHIMA INDEFENSIBLES

5) GOJ Ministry of Environment is dispersing Tohoku debris, including Fukushima nuclear debris, around Japan despite objections of prefectural govts
6) Health and Education Ministries issue directive to place controls on research going on in Tohoku tsunami disaster zones
7) From Yokoso Japan to Kawaisou Japan: GOJ to offer free roundtrip flights to NJ tourists to offset fallout fears
8 ) More GOJ greenmailing: JET Alumni Assocs call on 20 ex-JETs for all-expenses paid trip to tsunami areas, to “let people know what they experienced when they return to their home countries”

PLUS CA CHANGE AND MISCELLANY

9) Korea Times: Naturalized Korean decries refusal of entry to sauna, parallels with Otaru Onsens Case
10) Japan Times: Ichihashi trial bares translation woes: Courts refuse to admit that interpreters often lack the necessary skills
11) BLOG BIZ: Welcome to the future of blog wars: Debito.org temporarily felled by DMCA notice against this site’s critique of Lance Braman’s Japan Times Letters to the Editor
12) Weekend Tangent: Saturday Night Live skit on Japan-obsessed American youth; scarily accurate?

… and finally …
13) My Japan Times JUST BE CAUSE column of October 4, 2011: “Japan needs less ganbatte, more genuine action”

Mainichi & Yomiuri: Japanese ex-wife arrested in Hawaii on suspicion of abducting child from custodial father

Posted on October 28, 2011October 28, 2011 by Debito Arudou, Ph.D.

Here’s some good news for Left-Behind Parents. The Americans are (unusually, according to the Mainichi and Yomiuri below) enforcing their arrest warrants against Japanese child abductors. In this case, against a Japanese woman who reportedly absconded with the kid off to Japan and, despite a US court awarding the father custody, then used the time-honored tactic of abducting the kid anyway and getting a Japanese court to award her the kid instead regardless (with a gracious 30-day per year visitation allowed; thanks a heap). Then she carelessly decided to have her cake and eat it too, by coming back to the US to renew her Green Card, whereupon the authorities honored the arrest warrant against her, leaving the kid in limbo with the grandparents in Japan.

Not an unusual story (especially since the Japanese media once again refuses to use the word “abduction” in conjunction with any of this — just “taking without permission”; sounds much better), except that the Americans are now finally taking action regarding child abductions to Japan, honoring court decisions despite Japan’s vehemently guarding its safe-haven status for international child abduction.

Let’s see how the Japanese media further spins this; I doubt it’ll run against Team-Japanism. But already the editorial slant in the articles below is that signing the Hague Treaty will (somehow) prevent this, in defiance of all the Japanese safe-haveners that want to either not sign it, or caveat it with DV provisions into meaninglessness. Anyway, throw the book at her. This sort of thing has gone on long enough.

Reuters on Olympus Japan corruption issue: It takes a NJ whistleblowing CEO to uncover it, yet he gets sacked for “cultural reasons”

Posted on October 26, 2011October 26, 2011 by Debito Arudou, Ph.D.

This is still a growing issue, and there’s an excellent Reuters article below to hang this blog post on. Consider the case of Michael Woodford, a Brit hired more than thirty years ago by Japanese firm Olympus, with the superhuman tenacity to work his way up to the post of CEO (not hired, as are many of the famous NJ executives in Japanese companies, as an international prestige appointment). The presumption is that his appointment was because Mr Woodford would be different — there are plenty of Japanese corporate drones who would have gladly not rocked the boat for a quiet life and comfortable salary. But when he actually does something different, such as uncover and question possible corporate malfeasance, he gets fired because “his style of management was incompatible with traditional Japanese practices”. This of course, as further investigations finally gather traction, calls into practice the cleanliness of those traditional Japanese corporate practices. And it looks like the only way to get them investigated properly in Japan is to take the issue to overseas regulators (this is, after all, an international company, if only in the sense that it has international holdings, but now beholden to international standards). Not to mention the Japanese media (which, as the article alludes to below, is once again asleep at its watchdog position). None of this is surprising to the Old Japan Hands, especially those let anywhere close to Japanese corporate boardrooms, who see this nest feathering as a normal, nay, an obvious part of Japanese corporate culture the higher and richer you go. But woe betide the NJ whistleblower — perpetually in a vulnerable position for being of the wrong race and for not doing what he’s told like a good little gaijin. After all, there’s peer pressure behind membership in “Team Japan”, and as soon as it’s convenient, the race/culture card gets pulled by the crooks to excuse themselves. I’m just glad Mr. Woodford had the guts to do what he did. I doubt it’ll result in a system-wide cleanup (the rot is too systemic and entrenched, and few watch the watchers in corporatist Japan). But you gotta start somewhere, since exposure of corruption must be seen to be becoming commonplace in post-Fukushima Japan. Bravo Mr. Woodford, and expose away.