My SNA VM35: “Visible Minorities: Torture and Murder in Japan Detention Centers” (June 20, 2022) including the Sandamali, Suraj, Fernando, Okafor, Ekei etc. Cases.

News Headline: “Prosecutors drop case over death of detained Sri Lankan woman.”

SNA: In August 2020, a Sri Lanka national named Ratnayake Liyanage Wishma Sandamali was arrested for overstaying her visa, and detained in a Nagoya Immigration Detention Center. She had arrived in Japan in 2017, but her student visa was cancelled in 2019 because she couldn’t afford tuition fees. While in detention, she opted not to return to Sri Lanka, reportedly due to reduced flights during Covid and an abusive boyfriend back home.

During her seven months in custody, however, Sandamali’s health steadily declined due to a stress-induced stomach condition. According to the Straits Times, Sandamali “was vomiting blood in her final days, and was so weak that she had no control of her arms and legs. The immigration authorities allegedly turned a blind eye to medical expert advice to put her on an intravenous drip or to grant her provisional release to ease her stress. A report by public broadcaster NHK suggested that officials tend to suspect malingering for minor illnesses in their reluctance to grant provisional release.” […]

On March 6, 2021, Sandamali died in her cell, aged 33. By the time Sandamali’s family received her body, “her skin was wrinkled like an old person, and it was stuck firmly to her bones.” In November 2021, Sandamali’s family lodged a criminal complaint against officials at the Nagoya facility, accusing them of murder through willful negligence.

Unfortunately, as noted above, last week the Nagoya District Public Prosecutor’s Office dropped the Sandamali case, citing an inability to establish criminal liability or even a cause of death, blaming it on “multiple factors.” Multiple factors indeed. Sandamali’s case is not unprecedented. According to CNN, since 1997 at least 27 foreign detainees have died in Japan’s Immigration detention centers (aka “Gaijin Tanks,” because they detain foreigners only).

The main factor here is the cruel and unusual punishment by public officers, expressly forbidden under Article 36 of the Constitution. Yet nobody has ever been held criminally liable for foreigner deaths in detention. That’s what makes Japan’s Gaijin Tanks so cruel and unusual. Let’s consider a few more cases, then talk about the system that killed them…

Japan’s “Gaijin Tank” Immigration Detention Centers: The Death of Sri Lankan Wishma Sandamali highlights a senseless, inhuman, and extralegal system killing foreigners they’ve trapped.

Japan’s Immigration Bureau Detention Centers (aka “Gaijin Tanks”) are an extra layer of incarceration that only non-citizens must deal with. Regular Wajin Japanese, when detained, arrested, and/or incarcerated, go through Japan’s criminal justice and prison system.  However, because non-citizen detainees cannot renew their visas while in detention, any arrest and incarceration by police increases the probability of detention later in separate Immigration detention facilities (specifically reserved for non-citizen visa overstayers and refugees/asylum seekers). Detainees in these Immigration facilities (nyūkoku kanri sentā) face a different system both in terms of criminal procedure and living conditions.

In terms of living conditions, rights of detainees to adequate food, exercise and living space in Immigration Bureau detention centers are less regulated than in Japanese prisons (which are subject to international oversight regarding standards of favorable treatment). Consequently, inhospitable, unsanitary, and generally unmonitored conditions in these detention centers have occasioned protests both from human rights organizations and from the detainees, in the form of hunger strikes and suicides. Immigration detainees have also suffered and died from their medical conditions being neglected by detention officials, and from the over-prescription of sedatives and painkillers.

In 2021, the senseless death of a Sri Lankan named Ratnayake Liyanage Wishma Sandamali, due to medical negligence in a detention center, brought national attention and protest against the GOJ’s treatment of visa overstayers and asylum applicants—and the withdrawal of a bill before the Diet that would have only strengthened the ability for bureaucrats “to keep any foreign national in custody without the approval of a judge”, thus violating constitutional guarantees of due process.

Sources follow. There is no defense for this inhumane extralegal detention system that is killing people through willful negligence simply because they are foreigners incarcerated.  We catalog it all here on Debito.org for the record.

Reuters: Yet another NJ detainee dies after hunger strike after 3 years in Japan “detention center”; time for a change in labeling

REUTERS: A Nigerian man died in a Japanese immigration detention center this week, an official said on Thursday, bringing to an end a hunger strike an activist group said was intended to protest his being held for more than three years. It was the 15th death since 2006 in a system widely criticized over medical standards, the monitoring of detainees and how guards respond to a medical emergency…

RINK, a group supporting detainees at the center, told Reuters the Nigerian had been on hunger strike to protest his lengthy detention. Another 27 foreigners are on hunger strike at a detention center in Ushiku, northeast of Tokyo, said a separate group supporting detainees at that facility. Some of them have gone without food for 47 days, said Kimiko Tanaka, a spokeswoman for the group… Two other men at Ushiku have been detained for five years, she said. “The reality of a lengthy detention is nothing but a human rights violation,” Tanaka said.

COMMENT: Dovetailing with last week’s blog entry about how Japan’s new “open door” visa programs violate basic human rights, here’s the old classic “closed door” policies aimed to punish bureaucratic transgressions by perpetually detaining people under conditions that don’t fall under standards for sufficient monitoring (because technically, they’re not “prisons”). Policywise, they’re meant to be a deterrent — part of a separate judicial track for foreigners in Japan with fewer human rights (full details on this in “Embedded Racism” Ch. 6).  Separate and lethal.

Again, given how Japan’s ethnostate policies are an inspiration for xenophobes and racial supremacists worldwide, I would argue that these longstanding inhumane “Gaijin Tanks” are a working model for the “concentration camps” (the political term of debate in the US these days) for detainees along the American southern border.  Except politicians in Japan don’t have the cojones to call them anything but benign-sounding “detention centers” — after all, who in any position of power cares about the plight of foreigners in Japan?  

Mainichi: New “open door” visa programs violate basic NJ human rights (now including marriage and children), don’t resolve cruel detention centers, and still curb actual immigration and assimilation

The Mainichi updates us on how Japan’s oft-toted “wider open door” new visa regimes make sure any actual immigration is held in check, with continuing draconian and deadly treatment for detained NJ.  The Mainichi calls them “haphazard immigration policies”, but that’s inaccurate.  Japan still has no policy in place to encourage newcomers become immigrants (imin, i.e., firmly-established taxpaying residents and citizens).  Au contraire, they’re still part of what Debito.org has called a “revolving-door” visa policy that has been in place for nearly thirty years now (what with the “Trainee” and “Technical Intern” programs that won’t even call NJ laborers “workers” (roudousha) in order to avoid granting them some legal protections), to make sure we take them in young, fresh and cheap, and spit them out when they’re too expensive or past their working prime.  

For those who fall afoul of this exploitative system, they face being made an example of within cruel “gaijin tank” detention centers (which don’t fall under minimum standards covering prisons), which in effect send a deterrent message.  It’s similar to what’s happening in the concentration camps now being run by the US Customs and Border Patrol (which, given that 45’s supporters are in thrall to Japan’s putative ethnostate, should not be too surprising).

As an interesting aside, the Mainichi below mentions how Japan even ethnically cleansed itself of Iranians in the 1990s, which can and will happen again.  Now public policy is going one step further — trying to nip any possibility of marriage and children with Japanese.  There are even bans on NJ on certain work visas having international liaisons, marriage, and children! For all the new “open-door” visas being advertised, it’s clear that NJ are still seen more as work units than human beings.

Reuters: Death toll mounts in Japanese Detention Centers (aka “Gaijin Tanks”) as NJ seek asylum and are indefinitely detained and drugged

Reuters : Niculas Fernando died at a Tokyo immigration detention center sometime between 9:33 a.m. and 10:44 a.m. on November 22, 2014, according to the coroner. But it wasn’t until shortly after 1 p.m. that day that guards realized something was badly wrong – even though Fernando had been moved to an observation cell monitored via closed-circuit television after complaining of sharp chest pain. An inmate had to alert the guards before they rushed into Fernando’s cell and tried to revive him. […] He was the fourth person to die in Japan’s immigration detention system in 13 months. In total, 12 people have died in immigration detention since 2006, including four suicides. In 2015, 14 detainees tried to kill or harm themselves at the detention center where Fernando died, according to data from the facility.

A Reuters investigation into the circumstances surrounding Fernando’s death, including dozens of interviews with detainees, immigration officials and doctors, revealed serious deficiencies in the medical treatment and monitoring of Japan’s immigration detention centers. Guards with scant medical training make critical decisions about detainees’ health. Doctors visit some of the country’s main detention centers as infrequently as twice a week. And on weekends there are no medical professionals on duty at any of the immigration detention facilities, which held more than 13,600 people in 2014. Three of the four deaths in detention between October 2013 and November 2014, including Fernando’s, occurred when there were no doctors on duty. Like Fernando, another one of the detainees died while in an observation cell.

Japan’s immigration system is under increasing strain. As a torrent of refugees pours into Europe, Japan also has record numbers of people landing on its shores in search of refuge. As of June last year, it had 10,830 asylum applications under review – small by Europe’s standards, but a new high for Japan, a nation that has long been reluctant to take in outsiders. In February, more than 40 detainees went on hunger strike at a facility in Osaka to protest their conditions [As they did in 2010, to little change — Ed.]. Their main complaint: Poor medical care. […]

The Justice Ministry has not made public the findings of the investigation into the case nor released them to Fernando’s family. In response to a public disclosure request, Reuters received a copy of the national Immigration Bureau’s report from March last year. It was heavily redacted. Under a section titled “Problems,” every line had been blacked out.

Japan Times: UK inspectors say Japan’s Immigration Detention Centers are like “prisons”. In fact, they’re worse.

Getting back to another issue in Japan that has long needed fixing — the judiciary — here are some overseas experts talking in a comparative perspective about Japan’s Immigration Detention Centers (aka Gaijin Tanks) that they liken to “prisons”. In fact, they’re worse than prisons, because they don’t come under the same judicial oversight for minimum standards that Japanese prisons do, and detainees, unlike the criminally-incarcerated, do not have a “prison sentence” with a limited time-frame attached to it. Not to mention Gaijin Tanks add a second layer of incarceration for NJ only, where even the NJ exonerated of a criminal offense get released from prison only to wind up in a Gaijin Tank for “overstaying” the visa they couldn’t renew because they were incarcerated. For people in Gaijin Tanks, detention can be perpetual, and that’s before we get to the horrible, even lethal, treatment they suffer from while in custody. Read on:

JT: When British incarceration inspection expert Hindpal Singh Bhui last month paid his first visit to a Japanese immigration detention center, his overriding initial impression was that it looked like a prison. “The fact that if someone comes to visit detainees, the starting point is that you’re behind a glass screen and you can’t touch someone — that feels quite restrictive,” Bhui, team leader for London-based Her Majesty’s Inspectorate of Prisons, told The Japan Times during a recent visit to Japan. “It’s something which perhaps is a prison-style approach and which was surprising to see in immigration detention centers,” Bhui said of his visit to the government facility in Ushiku, Ibaraki Prefecture.

Established in 1982, HMIP is an independent inspectorate with unchallenged authority to probe state-run institutions, from prisons to immigration and military detention centers. The British system stands in contrast with Japan’s immigration inspectorate, which is poorly funded and regarded as having little independence from the government, Japanese lawyers say…

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

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

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

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

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

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

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

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

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.

JIPI’s Sakanaka on Gaijin Tank detentions for visa overstays: Put a maximum time limit on them

Here we have JIPI’s Sakanaka-san in the Japan Times speaking out from a position of authority again in favor of NJ, this time regarding Japan’s Immigration Detention Centers (aka Gaijin Tanks for visa overstayers) and their conditions. As has been discussed here before, Gaijin Tanks are not prisons; they do not fall under the penal code for incarceration conditions, there is no arraignment before a judge or court sentence to fulfill, and there is no time limit to how long you can be incarcerated for visa violations in Japan. This has deleterious effects on the physical and mental health of detainees, of course. So Mr S. is quite magnanimously (given Japan’s racially-profiling law enforcement) offering a compromise limit of one year behind bars. Think there will be any takers?

Japan Times: Illegal residents should not be held in detention for more than one year because any longer causes too much stress, a former chief of the Tokyo Regional Immigration Bureau said, noting extended incarceration led to two hunger strikes at detention centers this year, one of which followed suicides…

There is no limit on how long the government can hold foreign residents deemed to be in Japan illegally. The Immigration Bureau’s Enforcement Division said 71 inmates out of 442 being held in three detention centers in Ibaraki, Osaka and Nagasaki prefectures had been confined for more than a year as of May 31.

Dozens of detainees went on hunger strikes lasting more than a week at the East Japan Immigration Control Center in Ushiku, Ibaraki Prefecture, in May and at the West Japan Immigration Control Center in Ibaraki, Osaka Prefecture, in March. They were demanding better treatment, including limiting their incarceration to six months… The hunger strikes failed to win any concessions…

Kansai Scene June 2010 article on issue of refugees and J Detention Centers (“Gaijin Tanks”)

Here’s another interesting article from Kansai Scene magazine this month, this time on the issue of refugees and Detention Centers (“Gaijin Tanks”) in Japan. Excerpt:

Joseph isn’t his real name. He’s afraid of what theconse- quences might be if Japanese Immigration finds out that that he is speaking with the press. There’s a chance he would be sent back to the Immigrant Detention Center. His appeal might be denied, which would lead todepor- tation. Deportation means arrest as soon as his plane hits African soil. ‘Arrest’ in his country usually means disappearing forever. He needs to stay in Japan, and to stay here he has to remain invisible. So, he stays invisible.

Historically, Japan has been far from welcoming to refugees. Since 1990, 344 people have been given refugee status. In 2009, only thirty asylum-seekers were accepted, out of 1,388 applicants; an acceptance rate of 2.2 percent. Despite signing the 1951 UN Conventions Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees in 1981 and 1982, respectively, the government essentially keeps the borders closed to the dispossessed, while donating enough money to the UNHCR (UN High Commission for Refugees) to justify their claim to be a humanitarian nation.

The issue, however, is not only the overwhelming denial of applications, but also the total lack of a safety net for those who do arrive on Japanese soil. It is difficult to obtain informa-tion at the airport, and some who try are sent to detention centers or are deported immediately for lack of proper documentation. Because of the language barrier, many new arrivals are unaware that a refugee application process exists at all. They simply overstay their visas until they are caught by immigration and arrested.

The detention centers are essentially prisons. Up to ten people share a room with one toilet. They are each given five blankets for a bed, and one or two hours of exercise a day. Those applying for refugee status are mixed with criminals awaiting deportation. Joseph spent almost a year in the Ibaraki detention center after being arrested for overstaying his visa. It was upon arriving at the center that he first learned of the potential to be declared a refugee, and began the application process. His application was refused within a month, and he started his appeal. In the meantime, he sat in his cell, keeping to himself. “The inmates are chaotic,” he told me. “[They are] from prison and awaiting deportation. They will do anything. They know they are going back.”…

AFP: Another hunger strike in Immigration Detention Center, this time in Ushiku, Ibaraki

AFP: Scores of foreigners in a Japanese immigration detention centre have been on hunger strike for more than a week, demanding to be released and protesting the mysterious death of an African deportee.

Some 70 detainees — many of them Sri Lankans and Pakistanis — have refused food since May 10, also seeking to highlight suicides there by a Brazilian and a South Korean inmate, say their outside supporters.

The protest comes after UN rights envoy Jorge Bustamante in March raised concerns about Japan’s often years-long detentions of illegal migrants, including parents with children as well as rejected asylum seekers…

Human rights activists, lawyers and foreign communities have complained for years about conditions at Ushiku and Japan’s two other such facilities, in the western prefecture of Osaka and in southwestern Nagasaki prefecture.

At Ushiku, about 380 people are detained, with eight or nine inmates living in rooms that measure about 20 square metres (215 square feet), said Tanaka, a member of the Ushiku Detention Centre Problem Study Group.

“They are crammed into tiny segmented rooms that are not very clean, and many contract skin diseases,” she told AFP…

Hiroka Shoji of Amnesty International Japan said: “The immigration facilities are supposed to be places where authorities keep foreigners for a short period before deportation.

“But some people have been confined for over two years as a result. The government must introduce a limit to detentions.”

Japan Times on Ibaraki Detention Ctr hunger strikers: GOJ meeting because of UN visit?

Addendum to yesterday’s post on the Ibaraki Gaijin Tank Hunger Strikers and the upcoming meetings with the government. The Japan Times has put out another article, which I will excerpt from. It also hints at the timing of it, wondering whether it’s due to Special Rapporteur Bustamante (to whom I will be talking tomorrow, wish me luck) visiting Japan. Which means, once he leaves, things go back to the ignored normal? Fortunately, according to the article below, we have some traction within the ruling party on this issue as well, so let’s hope in the end we see progress. Although, as noted before, Japan’s police forces have quite extreme (and unaccountable) powers, especially as regards treatment of NJ, so unless some legal changes are made to this largely extralegal system itself, the amount of oversight necessary in an already abusive system is pretty demanding.

UPDATE: Ibaraki Detention Center Hunger Strikers pause strike, arrange meetings

Sano-san: The detainees decided to suspend their hunger strike temporarily.
They had dinner on Friday, the 19th.
They have decided two things 1) volunteers and detainees are going to negotiate with the center starting from Tuesday on March, 23rd.
2) if their demands are turned down, they will re-start the hunger strike.

In the background of this, a member of a House of Councilors, Konno Azuma, questioned about the hunger strike to the Minister of Justice (Keiko Chiba) at a national assembly.
He also referred to factual investigation.
Media has picked up the story of the hunger strike, and it strongly influenced the center…

Japan Times front pages NJ abuses at Ibaraki Immigration Detention Center, updates from Sano-san

Japan Times: At least 70 detainees at the West Japan Immigration Control Center, which has long been criticized by human rights groups and Diet members, have been on a hunger strike since Monday, center officials and volunteers helping them confirmed Thursday.

Activist Sano-san reports: Our group decided not to use [name deleted’s] name on articles that goes to public from now on. He has hepatitis B and has fever since December. Obviously bad health condition. But the center is not taking to him to the hospital, and also did I mention that they share the same razor to shave? We talked to Nishimura at the center, but they denied it , and said that each razor has the number so that the detainee will know which one is his. Detainees said there is no number on the razor. Nishimura also said that razors are sterilized after detainees use them.

Japan Times & Sano Hiromi on violence towards NJ detainees at Ibaraki Detention Center, hunger strike

Let me forward something to you about conditions in Japan’s Immigration Detention Centers (better known as “Gaijin Tanks”) — an activist named Sano-san who wants to draw long-overdue attention to widespread abuse of NJ in these notorious extralegal prisons. Link to Japan Times article substantiating Sano-san’s claims follows her email. Reporters, be in touch with her (or me at debito@debito.org) if you want more information.

The extralegal powers of Japan’s police forces are atrocious, and they are especially bad when people fall completely outside the legal system (as in, NJ detainees not tried and convicted criminals, with a term-limited sentence and minimum prison conditions as stipulated by law; these are people who can be held indefinitely in crowded conditions, without oversight, access to exercise, medical care, hygiene, etc.) They just happen to be NJ (because Gaijin Tanks cannot hold Japanese) and thus remain shrouded in even more secrecy than usual (as people assume they’re full of riffraff trying to come in and take advantage of Rich Citadel Japan) and operate under the media radar. Trying to remedy that.

Sano-san: Ibaraki Detention Center is a very brutal and abusive place to be. Since March 8th, about 80 male detainees are doing hunger strike.

Japan Times: Detainees allege abuse at Kansai holding center
Guards meting out harsh treatment behind the walls of Ibaraki immigration facility, say inmates

Yomiuri: Immigration’s “Gaijin Tanks” violate UN Principles on Detention

Daily Yomiuri reports: Two state-run immigration “Gaijin Tanks” (where overstayers await deportation) failed to have a full-time doctor on staff despite ministerial requirements. Maintaining adequate medical and health services at detention facilities of any kind is stipulated in the U.N. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.

DEBITO.ORG NEWSLETTER JUNE 20, 2022

Table of Contents:
MURDER DECRIMINALIZED
1) Asahi: “Prosecutors drop case over death of detained Sri Lankan woman”, predictably ending Criminal Case brought by the family of Wishma Sandamali, and keeping Japan’s deadly “Gaijin Tanks” unaccountable
2) Japan Today expose: How the media failed Japan’s most vulnerable immigrants (Feb 22, 2022)

OTHER UNFAIRNESS
3) MRI on rude and slipshod treatment from Shizuoka hospitals and health care practitioners
4) Kyodo: Japan-born American files suit against Japan’s dual nationality ban

FULL TEXT OF OLDER SNA COLUMNS ARCHIVED
5) SNA VM9: “Pandemic Releases Antibodies toward Non-Japanese”, April 20, 2020 (full text)
6) Debito’s SNA VM8: “No Free Pass for Japan’s Shirking Responsibility”, Mar 16, 2020 (full text)

… and finally …
7) My SNA Visible Minorities col 34: “Henry Scott-Stokes, Sell-Out to Gaijin Handlers, dies.” May 23, 2022, with ruminations on why foreign journalism in Japan has historically been so astray.

Asahi: “Prosecutors drop case over death of detained Sri Lankan woman”, predictably ending Criminal Case brought by the family of Wishma Sandamali, and keeping Japan’s deadly “Gaijin Tanks” unaccountable

Asahi: Public prosecutors will drop their case against senior officials from the Nagoya Regional Immigration Services Bureau over the death of a Sri Lankan woman at an immigration detention facility, according to sources. Wishma Sandamali, 33, died in March 2021 at a facility run by the bureau, in a case that sparked widespread outcry over her mistreatment.

The Nagoya District Public Prosecutors Office launched an investigation into whether the senior officials in charge at the time had committed murder or negligence as a guardian resulting in death, responding to criminal complaints against them from Wishma’s family and others. Sources said the prosecutors office concluded it cannot establish criminal liability in this case following discussions with another prosecution office that is higher in rank.

COMMENT: We’ve talked about the Sandamali Case here on Debito.org before, as we have the many other cases of death and destruction in Japan’s cruel Detention Centers. One of the reasons they remain so cruel is that they face no accountability, as seen here.  And prosecutors declining to prosecute those who kill foreigners have been discussed at length in my book Embedded Racism, Chapter 6, “A ‘Chinaman’s Chance’ in Japanese Court” (with 2022 updates of more cases, including Sandamali’s, in the Second Edition).

Japan Today expose: How the media failed Japan’s most vulnerable immigrants (Feb 22, 2022)

JT: The Ministry of Foreign Affairs is a strange institution. It’s responsible for the way Japan is perceived abroad, and it decides who receives the opportunity to immigrate. But its jurisdiction over the lives of immigrants largely vanishes when they reach Japan. It’s also the most influential agency that does not play a meaningful role in developing the government’s legislative agenda. Senior MoFA officials can only watch in dismay as less prestigious agencies, including some of Japan’s most corrupt, devise legislation that erodes the rights of immigrants and damages Japan’s international reputation.

A proposed overhaul of Japan’s detention system, scuttled in 2021 after the death of detainee Wishma Rathnayake and a resulting wave of protests, was especially unpopular with Japanese diplomats. The Kishida administration has revived it anyway, with parliamentary debate anticipated this summer. Until recently, MoFA relied on the press to guard against legislative aggression toward immigrants, quietly passing sensitive information to reporters who covered the Ministry of Justice, which enforces immigration law.

According to MoFA officials who acted as my sources during the 10 years I covered immigration, their current reluctance to cooperate with journalists is related to the sense, among the agency’s staff, that the media has become “much louder, but much less effective” on issues of immigration.

The officials I spoke with traced this problem to 2019, when a detainee starved to death at a detention center in Nagasaki, following a four-week hunger strike, named Gerald “Sunny” Okafor… Meanwhile, the press has helped to turn Okafor’s death into a non-story, by disseminating state propaganda that diminishes the death’s significance, then responding to that propaganda with opinion essays instead of investigations.

DEBITO.ORG NEWSLETTER JULY 19, 2021

Table of Contents:
THE EARLY FALLOUT FROM THE OLYMPICS
1) SNA: “Japanese Only” elevators at Tokyo Akasaka Hotel Excel Tokyu; hotel blames Olympic Organizing Committee! Plus Duty-Free Stores asked to rat on foreigners.
PRELUDE TO THE TIGHTENED-SECURITY AFTERMATH
2) Nikkan Sports: Aggressive Japanese man harasses Muslim woman and 3-year-old daughter in park, demands her Gaijin Card; then aggressive Japanese police detain, interrogate, and release the woman and child’s private info. I told you this would happen.
3) Japan’s “Gaijin Tank” Immigration Detention Centers: The Death of Sri Lankan Wishma Sandamali highlights a senseless, inhuman, and extralegal system killing foreigners they’ve trapped.
4) Mainichi: Japan wants its COVID vaccine passports accepted by foreign countries, but won’t accept foreign countries’ versions; does the GOJ understand the concept of comity?
… and finally …
5) My SNA VM Column 23: “Gaijin Card Reader App Obliterates Privacy,” June 21, 2021, on how NJ privacy is of so little concern that the Govt. has enabled anyone to swipe Gaijin Cards.

DEBITO.ORG NEWSLETTER JANUARY 1, 2021

Table of Contents:
MEDIA PULLS US FORWARD AND BACK
1) NIKE JAPAN ads featuring Japan’s Minorities and Visible Minorities taking solace and courage from doing sports
2) Unknown news chyron of Govt panel that apparently blames foreigners for spreading Covid. However, FNN News tells a different story: one of assisting foreigners. Let’s be careful to avoid disinformation (UPDATED).
3) United Nations human rights experts say Japan was wrong to detain former Renault-Nissan CEO Carlos Ghosn; owes him compensation
FULL TEXT SNA ARTICLES ARCHIVED
4) Full text of my first SNA column is now archived on Debito.org: “The Japan Times Becomes Servant to the Elite” (Feb 2, 2019)
5) Full text of my first “Visible Minorities” column now archived on Debito.org: “Debito’s New Column for Shingetsu News Agency” (Aug 19, 2019)
… and finally…
6) My latest SNA VM column 16: “US Elections Repudiate Trump’s Japan-Style Ethnostate”, suggesting that the US might be taking real steps towards a post-racial society

My Japan Times JBC 119: Top 5 Human Rights Issues of 2020: “A Watershed Year for Japan’s Foreign Residents” (Dec. 31, 2020)

2020 was a watershed year for Japan’s foreign residents
By Debito Arudou, The Japan Times, Just Be Cause, Dec 31, 2020

“May you live in interesting times,” goes the famous curse. By that standard, 2020 was captivating. One thing affected everyone worldwide: COVID-19. And in Japan, our international community was hit particularly hard by public policy regarding its containment.

There were many other issues worth mentioning, however. For example, the Education Ministry announced an increased budget for language support in schools for non-Japanese children next year — a promising sign. However, Japan’s continued mistreatment of those kept in immigration detention centers, and an officially acknowledged incident of “hate speech” in Kitakyushu that went unpunished, were also steps backward from the goal of an inclusionary society.

We don’t have space for them all, so below are the top five issues I feel were of greatest impact to Japan’s non-Japanese residents in 2020, in ascending order.

5) Black Lives Matter in Japan…
Read the rest at https://www.japantimes.co.jp/community/2020/12/31/issues/japan-2020-foreign-resident-issues/

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

AP: A panel of human rights experts working with the United Nations said Monday that former Renault-Nissan boss Carlos Ghosn was wrongly detained in Japan and has urged “compensation” for him from the Japanese government. The Japanese government denounced the report as a “totally unacceptable” viewpoint that will change nothing in the country’s legal process.

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

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

COMMENT: I wrote back in January in that Carlos Ghosn’s escape from Japan’s gaijin gulag was the right move — not least because Japan’s heavy-handed prosecutorial powers and treatment of criminal suspects is in itself a violation of human rights.  Now it turns out the United Nations would agree.  Given that Japan has been shamed for decades over its human rights record, and still has not passed a criminal law against racial discrimination as promised under international treaty it signed a quarter century ago (yes, way back in 1995!), I doubt this will mean much. But at least it’s a delicious vindication for our advocacy camp.

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

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

Now in this time of pandemic crisis, we’re seeing people revert to type and say that “foreigners don’t deserve the same government support as Japanese”, even though NJ Residents are paying taxes and living in Japan like any other people. The most recent manifestation has been self-hating Upper House Dietmember Onoda Kimi, an American-Japanese (father is American) representing Okayama (this place seems to spawn racists).  She argues on Twitter that NJ Residents should not be granted the same access to proposed government cash subsidies for taxpayers in financial hardship. As does fellow Lower House Dietmember Sugita Mio (who has come out as anti-LGBT in the past). And then there are the government agencies listed below who are resorting to SOP to differentiate, “other”, and subordinate NJ Residents as a matter of course.

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

ED’S NOTE DEC 31, 2019:  UPDATING THIS POST FROM FEB 2019 BECAUSE OF CARLOS GHOSN’S REEMERGENCE IN BEIRUT, HAVING SOMEHOW ESCAPED FROM THE CLUTCHES OF THE JAPANESE JUDICIARY.  THE BEST ARTICLE I’VE FOUND ON THIS EVENT IS ON THE DAILY BEAST HERE. DEBITO.ORG HAS COME DOWN DECISIVELY IN FAVOR OF GHOSN’S ESCAPE, AS CH 6 OF BOOK “EMBEDDED RACISM” DEPICTS JAPAN’S JUDICIARY AS DECIDEDLY AGAINST JUSTICE FOR NJ CAUGHT IN THEIR “HOSTAGE JUSTICE” SYSTEM.  FACT IS, GHOSN NEVER STOOD A CHANCE OF A FAIR TRIAL, ESPECIALLY IN LIGHT OF ALLEGATIONS THAT HAVE SURFACED LATER THAT INDICATE NISSAN’S OWN (JAPANESE) CEO IS JUST AS GUILTY OF SIMILAR “CRIMINAL BEHAVIOR” THAT DID NOT RESULT IN ARRESTS.  READ ON FOR THE REASON WHY DEBITO.ORG BELIEVES THE GHOSN CASE WAS A FLIMSY ONE FROM THE START:

Debito.org has been holding back on commenting on the Carlos Ghosn arrest and perpetual interrogation. But now that Ghosn has had practically unprecedented access to the media (see article below), and stands as a cautionary tale for any foreign businessman thinking they could get away with being a CEO of a Japanese company, it’s time to say something. Here goes:

COMMENT: The former CEO of Nissan and Mitsubishi motors, Ghosn was arrested last November and indicted in December for inter alia allegedly underreporting his income for tax purposes. As of this writing, he remains in police custody for the 23-day cycles of interrogations and re-arrests, until he confesses to a crime. Ghosn’s arrest shows how far you can fall if you’re foreign. Especially if you’re foreign.

One red flag was that the only two people arrested in this fiasco have been foreign: Ghosn and his associate, Greg Kelly. Kelly is now out on bail due to health concerns. But where are the others doing similar malfeasances? According to Reuters, Kobe Steel underreported income in 2008, 2011, and 2013, and committed data fraud for “nearly five decades.” Same with Toray and Ube Industries, Olympus, Takata, Mitsubishi Materials, Nissan, and Subaru. Who’s been arrested? Nobody but those two foreigners.

And Japan’s judicial system has a separate track for NJ suspects, including harsher jurisprudence for NJs accused of crimes, lax jurisprudence for NJ victims of crimes, uneven language translation services, general denial of bail for NJ, an extra incarceration system for subsequent visa violations while in jail, and incarceration rates for NJs four times that for citizens. Most indicative of separate and unequal treatment is that some of the accusations, which fall under a statute of limitations of seven years under the Companies Act, are still applicable. Prosecutors have argued that statutes do not apply to Ghosn because he spent time overseas. Apparently even the passage of time is different for foreigners, because the clock stops if they ever leave Japan!

It’s Debito.org’s view that this was a boardroom coup. The Wall Street Journal has reported that Ghosn was planning to oust a rival, Hiroto Saikawa, who has since taken Ghosn’s place as CEO. A similar thing happened to at Olympus in 2011, when CEO Michael Woodford broke ranks and came clean on boardroom grift. He was fired for not understanding “Japanese culture,” since that’s the easiest thing to pin on any foreigner. But in Woodford’s case, he was fired, not arrested and subjected to Japan’s peculiar system of “hostage justice” police detention, where detainees are denied access to basic amenities (including sleep or lawyers) for weeks at a time, and interrogated until they crack and confess, with more than 99% conviction rates.

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

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

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

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

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

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

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

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

JDG:  Right wing Sankei owned Japan Today put out this ‘what to do if you get stopped by the police in Japan’ article for the Rugby World Cup.
https://japantoday.com/category/features/lifestyle/What-to-do-if-you-are-stopped-by-the-police-in-Japan
Half the article about having fun and getting travel insurance, the other half about complying with all police requests because, y’know, cultural differences. Failure to blindly comply with police stop requests will be ‘escalating the situation’ and grounds for arrest because, y’know, cultural differences. What about police discrimination and your rights? ‘Don’t believe all the hoopla you read online’. Basically article’s advice is: If stopped by Japanese police, do as you are told.

COMMENT: Japan Today in fact consulted with Debito.org for this article in advance, then left out important information that might advise NJ of their actual rights — as a matter of “opinion”.

I acknowledge the editor’s courteous inquiries at the beginning, and appreciate his efforts to find out the most current information; I also acknowledge that his article is very helpful for the most part. However, by leaving out other information that might help readers protect themselves when deliberately targeted for harassment by police, it ends up toeing the Japanese Police’s standpoint that NJ aren’t supposed to have any rights. That’s also the standard line that much of the purportedly “foreigner-friendly” media maintains — just do as you’re told like a good “guest” and all will go well.  Until it doesn’t, of course.

Racial profiling in Japan is Standard Operating Procedure for the Japanese police, and that should be acknowledged somewhere, not simply worked around or removed as a matter of “opinion”. Despite a discussion with the editor afterwards, I remain convinced that this editorial bent was due to Japan Today being owned and operated by the “gaijin handlers” at the right-wing Fujisankei group. A record of our correspondences and the article in question are hereby archived on Debito.org.

DEBITO.ORG NEWSLETTER AUGUST 23, 2019

Table of Contents:
1) Kyodo: Japan celebrates its South American Japanese diaspora. Praising them for doing what it complains NJ immigrants to Japan do. (Like take Nippon Foundation money to sterilize Peruvian indigenous peoples?)
2) Reuters: Yet another NJ detainee dies after hunger strike after 3 years in Japan “detention center”; time for a change in labeling
3) US State Dept. 2018 Country Reports on Human Rights Practices, Japan: Highlights for Debito.org Readers

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

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

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

2018 Country Reports on Human Rights Practices: Japan, March 13, 2019

Section 1. Respect for the Integrity of the Person
Prison and Detention Center Conditions
D. ARBITRARY ARREST OR DETENTION
ROLE OF THE POLICE AND SECURITY APPARATUS
ARREST PROCEDURES AND TREATMENT OF DETAINEES
Pretrial Detention

Section 2. Respect for Civil Liberties
A. FREEDOM OF SPEECH AND PRESS
Freedom of Expression
D. FREEDOM OF MOVEMENT, INTERNALLY DISPLACED PERSONS, PROTECTION OF REFUGEES, AND STATELESS PERSONS
Access to Asylum
Access to Basic Services
Elections and Political Participation
Participation of Minorities

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

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
International Child Abductions
National/Racial/Ethnic Minorities

Section 7. Worker Rights
B. PROHIBITION OF FORCED OR COMPULSORY LABOR
E. ACCEPTABLE CONDITIONS OF WORK

DEBITO.ORG NEWSLETTER JUNE 30, 2019

Table of Contents:
VISA ISSUES, SOME LETHAL
1) SCMP: “Japan: now open to foreign workers, but still just as racist?” Quotes Debito.
2) Mainichi: New “open door” visa programs violate basic NJ human rights (now including marriage and children), don’t resolve cruel detention centers, and still curb actual immigration and assimilation
3) Reuters: Yet another NJ detainee dies after hunger strike after 3 years in Japan “detention center”; time for a change in labeling
4) SCMP: Japan needs thousands of foreign workers to decommission Fukushima nuclear site. High irony alert: First blame NJ, then have them clean up your deadly messes.

VISAS BEING MADE AN ISSUE
5) Yomiuri: GOJ now requiring hospitals (unlawfully) demand Gaijin Cards from NJ as a precondition for medical treatment
6) Mark: New Discriminatory Policy by Rakuten Mobile Inc., now “stricter with foreigners”, refusing even Todai MEXT Scholarship Students cellphones
7) Anonymous on Ethical Issues/Discriminatory practices being carried out by Todai and Kyodai against MEXT scholars
8 ) Kyodo: Half of foreigners in Tokyo experienced discrimination: ARIC survey
9) My Japan Times JBC 115: “Know your rights when checking in at an Airbnb” (Apr 17, 2019)

… and finally…
10) Foreign Minister Kouno Taro asks world media to use Japanese ordering of names (Abe Shinzo, not Shinzo Abe) in overseas reportage. Actually, I agree.

DEBITO.ORG NEWSLETTER APRIL 18, 2019

Table of Contents:
MORE OFFICIAL OVERREACTION TO NJ INVITED INFLUX
1) Record 2.73 million NJ residents in Japan in 2018; media also shoehorns in mention of NJ crime, without mention of NJ contributions
2) MC on new Minpaku Law and NJ check-ins: Govt. telling AirBnB hostels that “foreign guests” must have passports photocopied etc. Yet not in actual text of the Minpaku Law. Or any law.
3) XY: Hotel calls cops on NJ Resident at check-in for not showing passport. And cops misinterpret laws. Unlawful official harassment is escalating.
4) Fox on getting interrogated at Sumitomo Prestia Bank in Kobe. Thanks to new FSA regulations that encourage even more racial profiling.
5) “Gaikokujin Appetizer Charge” in Osaka Dotonbori restaurant? Debito.org investigates.

THE SENAIHO CASE OF SCHOOL HAIR POLICING TAKEN TO COURT
6) Senaiho on criminal complaint against Jr High School “Hair Police” in Yamanashi
7) UPDATE: Senaiho on the stacked Board of Education committee investigating his Yamanashi jr. high school Hair Police complaint
8 ) UPDATE 2: Senaiho School Bullying in Yamanashi JHS: How people who file complaints for official harassment get harassed back
9) NYT: Hair policing soon to be treated as “racial discrimination” by NYC Commission of Human Rights. Compare with JHS & HS Hair Police in Japan.

HOW THE MIGHTY HAVE FALLEN
10) Debito.org’s stance on the Carlos Ghosn Case, at last: A boardroom coup making “thin legal soup” that might shame Japan’s “hostage justice” judicial system into reform
11) Debito article in Shingetsu News Agency: “The Japan Times Becomes Servant to the Elite” (Feb 2, 2019)

… and finally…
12) Japan Times JBC 114, “Top Ten Human Rights Issues for NJ in Japan for 2018” column, “Director’s Cut” with links to sources

NYT: Hair policing soon to be treated as “racial discrimination” by NYC Commission of Human Rights. Compare with JHS & HS Hair Police in Japan.

NYT: Under new guidelines to be released this week by the New York City Commission on Human Rights, the targeting of people based on their hair or hairstyle, at work, school or in public spaces, will now be considered racial discrimination. The change in law applies to anyone in New York City but is aimed at remedying the disparate treatment of black people; the guidelines specifically mention the right of New Yorkers to maintain their “natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.”

In practice, the guidelines give legal recourse to individuals who have been harassed, threatened, punished, demoted or fired because of the texture or style of their hair. The city commission can levy penalties up to $250,000 on defendants that are found in violation of the guidelines and there is no cap on damages. The commission can also force internal policy changes and rehirings at offending institutions… (The new guidelines do not interfere with health and safety reasons for wearing hair up or in a net, as long as the rules apply to everyone.)

The guidelines, obtained by The New York Times before their public release, are believed to be the first of their kind in the country. They are based on the argument that hair is inherent to one’s race (and can be closely associated with “racial, ethnic, or cultural identities”) and is therefore protected under the city’s human rights laws, which outlaw discrimination on the basis of race, gender, national origin, religion and other protected classes.

COMMENT: Related to our recent posts by Senaiho about the unchecked bullying power of the self-appointed “Hair Police” in Japan’s secondary education system, here’s how a progressive system deals with it, particularly when it comes to hairstyles in the professional world. New York City’s Human Rights Commission will soon be enforcing guidelines dealing with racial discrimination when it comes to how people choose to wear their hair professionally. And these penalties have real teeth: The NYC HRC can levy fines on companies of up to a quarter-mil, plus damages in court afterwards!

This is, of course, absolutely unimaginable in Japan, where their state-sponsored “Bureau of Human Rights” (Jinken Yougobu) is but a Potemkin system (with no ability to levy penalties, and arbitrary guidelines for launching investigations) that only exists to deflect criticism from overseas that Japan isn’t respecting treaty obligations towards human rights. Consequently people of diversity are forced into an absolutist narrative where “looking Japanese” is not only quantifiable as a standard (e.g., hair must be straight and black), but also enforceable under normalized racial profiling by the Japanese police (which has detained people for “looking foreign” while Japanese). This is why “Embedded Racism” remains so unchecked in Japan. So consider the NYC HRC as a template.

Japan Times JBC 114 DIRECTOR’S CUT of “Top Ten for 2018” column, with links to sources

Now that the clicks have died down on my latest Japan Times JBC column of January 28, 2019 (thanks for putting it in the Top Ten trending articles once again), what follows is the first final draft I submitted to the Japan Times for editing on December 29, 2018.  I blog this version because a lot of information is lost (inevitably) as we cut the word count from 2800 to 1600 words. (I generally put everything in the first final draft, then cut it down to fit the page; that way we don’t overlook anything and have to backtrack.)

People have been asking what got cut (and yes, the original version mentions Michael Woodford and Jeff Kingston), so the piece below is quite a bit different from what appeared in the Japan Times here (meaning it shouldn’t draw away any readers from the JT version; in fact, it will probably spur more views from readers wanting to compare). Also, having links to sources matter, so here it all is, including my regular acerbic tone.

JT/JIJI: Japan plans new surveillance system to centralize NJ residents’ data. (Actually, it’s to justify police budgets as crime overall continues to drop.)

JIJI: Japan plans to set up a system to centrally manage information on foreign residents to prevent overstayers from growing as the national labor crunch worsens, officials said. The Justice Ministry will play a key role in handling the information, which will include records on employment, tax payments and marriage that is currently being separately managed by central and local government agencies. The system is intended to strengthen government surveillance of overstayers as the nation imports more foreign labor to ease a severe nationwide labor shortage. As part of the effort, a new organization might be set up within the ministry to collect and analyze information on foreign residents.

DEBITO.ORG READER JDG: Government plans to take responsibility for ‘managing’ NJ away from city halls and ‘centralize’ the management of all NJ by the Justice Ministry in order to ‘increase surveillance’. To this end, the police will have access to all NJ info; addresses, employment, tax, marital status, visa information, etc. Imagine that the police will now demand to see your residence card so that they can radio the office and check all your details. ‘Increased surveillance’? Why are NJ being surveilled at all to start with? Here’s a top tip for the police; detect crime, and then investigate it.

[Yet according to this Irish Times article, there may in fact be too many cops in Japan vis-a-vis the ever-decreasing amount of crime.] With fewer crimes, and more police than ever before, Japanese police are getting ‘inventive’ in order to look busy; investigating crimes way beyond the level of resources that the crime warrants, and setting up intensive sting operations for minor offenses. The police are looking to criminalize people in order to defend their budgets. I guess the Japanese won’t mind hundreds of officers and millions of yen being squandered in operations that end up with NJ being harassed until the police can charge them with any petty crimes. Given Japan’s huge national debt, not enough crime, too many police, should equal some lay offs. But TIJ!

Also, if they’re so overstaffed, how come it takes them six months to raid big companies like Kobe steel who admitted defrauding their customers for years with sub-standard product data manipulation? How come they didn’t send a truck load of cops straight round to the finance ministry to investigate dodgy land sales and public document falsification? Nah, got to collar that guy who overstayed his visa!

Japan Supreme Court enforces Hague Convention on Int’l Child Abductions (for Japanese claimants). Yet Sakura TV claims Hague is for “selfish White men” trying to entrap women from “uncivilized countries” as “babysitters”

We had an important Supreme Court ruling come down earlier this month, where an international custody dispute between two Japanese divorcees living in different countries resulted in the custodial parent overseas being awarded custody of the child, as per the Hague Convention on International Child Abductions. (See Japan Times article excerpt below.)

Debito.org has commented at length on this issue (and I have even written a novel based upon true stories of Japan’s safe haven for international child abductions). Part of the issue is that due to the insanity of Japan’s Family Registry (koseki) System, after a divorce only ONE parent (as in, one family) gets total custody of the child, with no joint custody or legally-guaranteed visitation rights. This happens to EVERYONE who marries, has children, and divorces in Japan (regardless of nationality). It even happened to me.

But what makes this Supreme Court decision somewhat inapplicable to anyone but Wajin Japanese is the fact that other custody issues under the Hague (which Japan only signed kicking and screaming, and with enough caveats to lead to probable nonenforcement), which involved NON-Japanese parents, faced a great deal of racism and propaganda, even from the Japanese government.

As evidence, consider this TV segment (with English subtitles) on Japan’s ultraconservative (PM Abe Shinzo is a frequent contributor) Sakura Channel TV network (firmly established with the “present Japan positively no matter what” NHK World network). It contains enough bald-facedly anti-foreign hypotheticals (including the requisite stereotype that foreigners are violent, and Japanese are trying to escape DV) to inspire entire sociological articles, and the incredible claim that Japan’s court system is just appeasing White people and forcing a “selfish” alien system upon Japan.

The best bits were when banner commentator Takayama Masayuki claimed a) White men just marry women from “uncivilized” countries until they find better women (such as ex-girlfriends from high school) and then divorce them, capturing them as “babysitters” for once-a-week meet-ups with their kids (which Takayama overtly claims is the “premise” of the Hague Convention in the first place); and b) (which was not translated properly in the subtitles) where Takayama at the very end cites Mori Ohgai (poet, soldier, medical doctor and translator who wrote sexualized fiction about a liaison between a Japanese man and a German woman) to say, “play around with White WOMEN and then escape back home.” (Who’s being selfish, not to mention hypocritical, now?) Take yet another plunge into this racialized sexpit of debate, where the racism doesn’t even bother to embed itself.

A Top Ten for 2017: Debito’s Japan Times JBC 110: “In 2017, Japan woke up to the issue of discrimination”

As is tradition, here is JBC’s annual countdown of the top 10 human rights events as they affected non-Japanese (NJ) residents of Japan over the past year. In ascending order:

10) As Japan’s population falls, NJ residents hit record
Figures released in 2017 indicated that Japan’s society is not just continuing to age and depopulate, but that the trends are accelerating. Annual births fell under 1 million — a record low — while deaths reached a record high. The segment of the population aged 65 or older also accounted for a record 27 percent of the total. In contrast, after four years (2010-2013) of net outflow, the NJ resident influx set new records. A registered 2.38 million now make up 1.86 percent of Japan’s total population, somewhat offsetting the overall decline. Alas, that didn’t matter. Japanese media as usual tended to report “Japan’s population” not in terms of people living in Japan, but rather Nihonjin (Japanese citizens), indicating once again that NJ residents simply don’t count.

9) ‘Hair police’ issue attracts attention with lawsuit…
Entire article at https://www.japantimes.co.jp/community/2018/01/03/issues/2017-japan-woke-issue-discrimination/
Version with links to sources now on Debito.org.

Japan Times JBC Column 104: The Top Ten Human Rights Events of 2016

Japan’s human rights issues fared better in 2016
BY DEBITO ARUDOU
The Japan Times, Jan 8, 2017, Column 104 for the Community Page

Welcome back to JBC’s annual countdown of the top issues as they affected Non-Japanese (NJ) residents of Japan. We had some brighter spots this year than in previous years, because Japan’s government has been so embarrassed by hate speech toward Japan’s minorities that they did something about it. Read on:

No. 10) Government “snitch sites” close down after nearly 12 years…

Rest of the article at
http://www.japantimes.co.jp/community/2017/01/08/issues/japans-human-rights-issues-fared-better-2016/
Version with links to sources now up on Debito.org

DEBITO.ORG NEWSLETTER JUNE 5, 2016

Table of Contents:
1) “Go! Go! Second Time Gaijin” a mockumentary film by Primolandia Productions starring Debito Arudou, seeking Kickstarter funding for the next 30 days.
2) My next Japan Times JUST BE CAUSE Column 98: “Police still unfettered by the law, or the truth.” June 6, 2016.
POLICING EVER TIGHTENING IN JAPAN
3) Telegraph: Tourists in Japan to use fingerprints as ‘currency’ instead of cash; another case of Gaijin as Guinea Pig
4) YouTube video of Tokyo Police using excessive force to subdue a Non-Japanese in public
5) Mainichi: LDP new Constitution draft differentiates between ‘big’ and ‘small’ human rights, the latter to be subordinated “in times of emergency”. Yeah, sure.

UPDATES BOTH GOOD AND BAD TO PAST ISSUES
6) JT: Diet passes Japan’s first law to curb hate speech. Hurrah, but.
7) The 2nd Great Gaijin Massacre in Japan’s education system, with 5-year contracts coming due in 2018 (2023 for uni profs).
8 ) GOJ busybodies hard at work alienating: Shinjuku Foreign Residents Manual assumes NJ criminal tendencies; Kyoto public notices “cultivate foreign tourist manners”
9) “Japan’s Under-Researched Visible Minorities: Applying Critical Race Theory to Racialization Dynamics in a Non-White Society”. Journal article in Washington University Global Studies Law Review 14(4) 2015
And finally…
10) My previous Japan Times column JBC 97: “Enjoy your life in Japan, for the moments” (May 2, 2016)

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

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

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

What’s particularly egregious about this sign is that the Japanese police know better — because we told them so a decade ago. The Japan Times first exposed how police were stretching their mandate in “Creating laws out of thin air,” Zeit Gist, March 8, 2005, and, later, two updates: “Ministry missive wrecks reception,” ZG, Oct. 18, 2005, and “Japan’s hostile hosteling industry,” Just Be Cause, July 6,2010.

It made an impact. Even the usually noncommittal U.S. Embassy took action, posting in their American Community Update of May 2005: “After we sought clarification, according to the Environmental Health Division, Health Service Bureau, Ministry of Health, Labor and Welfare, the new registration procedure at lodging facilities does not apply to foreigners who are residents of Japan but only to tourists and temporary visitors. If you write a Japanese address on the check-in sheet, hotels are not supposed to ask for your passport.”

Right. So why do the Ibaraki police still feel they can lie about the laws they are entrusted to uphold? Because … Ibaraki. I’ll get to that shortly…

DEBITO.ORG NEWSLETTER MAY 1, 2016

Table of Contents:
GOOD NEWS
1) Out in Paperback: Textbook “Embedded Racism” (Lexington Books) July 2016 in time for Fall Semester classes: $49.99
2) April 15, 1996: Twenty years of Debito.org. And counting.
3) Debito’s latest publication in the Washington University Global Studies Law Review (Vol.14, No.4)

QUESTIONABLE ECONOMICS
4) Terrie Lloyd on why Abenomics is a “failure”: lack of essential structural reforms
5) Kyodo: Kyoto taxis specializing in foreign tourists begin one-year trial. Separate taxi stands? What’s next: separate hotels?
6) Stigmatization thru “foreign driver stickers”: First Okinawa, now Hokkaido (Mainichi Shinbun)
7) JT Interview: Tokyo 2020 Olympics CEO Mutou picks on Rio 2016, arrogantly cites “safe Japan” mantra vs international terrorism
8 ) Nate Nossal essay on how free enterprise and small-business establishment in Japan is stifled

DIRTY ROTTEN POLITICS
9) Reuters: Japan eyes more foreign workers, stealthily challenging immigration taboo
10) MOJ: Japan sees record registered foreign residents, 2.23 million in 2015; but watch J media once again underscore their criminality
11) Onur on continued racial profiling at Japanese hotel check-ins: Discrimination is even coin-operated!
12) Onur update: Ibaraki Pref. Police lying on posters requiring hotels to inspect and photocopy all foreign passports; gets police to change their posters!
13) NHK: NJ arrested by Saitama Police for “not having passport”, despite being underage and, uh, not actually legally required to carry a passport
14) JT: Abe Cabinet says JCP promoting ‘violent revolution,’ subject to Anti-Subversive Activities Law; now, how about violent Rightists?
15) Economist: United Nations fails to stick up for the rights of Imperial female succession, drops issue as a “distraction” from report
16) Reuters: Death toll mounts in Japanese Detention Centers (aka “Gaijin Tanks”) as NJ seek asylum and are indefinitely detained and drugged
17) Roger Schreffler: Fukushima Official Disaster Report E/J translation differences: Blaming “Japanese culture” an “invention” of PR manager Kurokawa Kiyoshi, not in Japanese version (which references TEPCO’s corporate culture) (UPDATED)

… and finally…
18) Japan Times JBC 97 May 2, 2016 excerpt: “Enjoy your life in Japan, for the moments”

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

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

Onur: I wrote my Japanese address on the guest registration form during check-in [at Mimatsu Hotel, Mito City, Ibaraki Prefecture]. However, the reception asked for my passport and said that they must copy my ID. I asked the reason. They said that it is the rule of the hotel(!) and also the law of Japan to copy the ID of all foreigners. I said that according to law it is not necessary and they are not allowed to copy my card, but they insisted they must copy, showing me a poster on the wall by the Mito City Police Department Security Division saying that “Japanese law requires that we ask every foreign guest to present their passport, photocopy of which we keep on file during their stay with us”. I said that I will inform this incident to Mito City Public Health Department (保健所), which has authority over the hotels regarding the implementation of laws. I enclose the poster. After visiting both the Public Health Department and the Mito Police, I had phone call from the Public Health Department. They said they went to the Mimatsu Hotel to check it and saw that the poster on the wall of the hotel has changed. It seems that the police department printed a new poster and distributed to all hotels only in a few hours after I left the police department! They said the new poster clearly states “foreign nationals who do not possess an address in Japan”, so complies the regulations. They said they informed the hotel about the laws and regulations and warned the hotel to not to the same mistake again.

COMMENT: It would seem that, according to a number of past Debito.org posts on Ibaraki Prefectural Police posters and activities, the officially-sponsored xenophobia runs deep there. Put a nasty Gaijin Detention Center there, allow the police to project their bunker mentalities by lying on public posters, and you get panicky residents who sic cops on “people who look suspicious” because they look foreign (even if they are Japanese). Are you seeing what happens when you give the police too much power to target people? Ibaraki Prefecture is developing into a nice case study. Well done Onur for doing all this great detective work. I did some investigative work like this more than a decade ago. Remarkable that despite having this pointed out again and again, the NPA continues to lie about the laws they are supposed to enforce.

DEBITO.ORG NEWSLETTER AUGUST 2, 2015

Table of Contents:
THINKING ABOUT THE FUTURE FOR NJ WITH THE REACTIONARY-NATIONALIST ABE ADMINISTRATION
2) Discussion: Abe rams through Japan’s new security guidelines: How will this affect NJ and Visible Minorities in Japan?
3) Japan Times: Govt “Snitch Sites” being used to target Zainichi Koreans for harassment
4) Kyodo: “Overseas work, study seen as negative point for hiring anyone handling state secrets” Such as multiethnic Japanese?
5) Mainichi: “Not Japanese Enough?” Bog-standard article about Miss Japan Miyamoto Ariana’s fight against racial discrim in Japan, not in Japanese for J-audience

MISCELLANY
6) Update to Canada bank racism issue: Fascinating FB conversation gets me to capitulate
7) “Gaikokujin ja arimasen: An Analysis of the Interactive Construction and Contestation of Being a Foreigner in Japan”, an academic paper by Dr. Cade Bushnell analyzing the conversation I had with Yunohana management during Otaru Onsen Case
… and finally …
8 ) Japan Times Just Be Cause 89, “Media redraw battle lines in bid for reach”, on Fuji network’s acquisition of Japan Today.com, July 6, 2015

Japan Times: Govt “Snitch Sites” being used to target Zainichi Koreans for harassment

In the previous blog entry, I pondered aloud a future Japan after the rule of law and the Japanese Constitution is further eroded for the sake of reactionary nationalism. Under Debito.org’s purview, without clearer evidence I wasn’t able to speculate how this would affect NJ residents of Japan. Now there is some evidence (which was brought up elsewhere on Debito.org within Comments starting from here) within a Japan Times article excerpted below.

Not all that long ago, NJ residents of Japan were basically seen as misunderstood guests. As I describe in great detail in my upcoming book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (out in November), thanks to GOJ campaigns in the 2000s the narrative officially shifted to seeing NJ as a source of crime, illegal overstaying, infectious diseases, and terrorism.

As can be seen in the JT article, this attitude has percolated down to the interpersonal level. Again, not that long ago, Japanese in general were quite unaware that NJ had to carry “Gaijin Cards” 24-7 or face arrest, detention, and financial penalty (many I talked to were even more flabbergasted when they realized that NJ fingerprinting — the hallmark of criminal tracking in Japan — was once involved).

This has clearly changed: anonymous xenophobes-cum-bullies empowered by the Internet are now aware enough of NJs’ vulnerable status as something trackable by Gaijin Cards (thanks to official NJ-targeting campaigns such as this one, found in places like subway stations back in 2011) that they are now spreading false rumors about Gaijin Card conversion (from the ARC to the remotely-trackable Zairyuu Card) and visa overstaying (in this case targeting the Zainichi Korean “generational foreigners” ethnic minority in Japan). They are now “overwhelming Immigration” with “tips from bounty seekers”.

The kicker to this incident is that the internet bullies have been empowered by a system of “snitch sites” that the Japanese Government set up long ago (and Debito.org has long decried as incredibly open to abuse: see also here) to anonymously rat on any NJ based upon any reason whatsoever. Did the fools who set up this system really think that sooner or later this wouldn’t happen? What’s next, as Japan’s general public starts to get involved in this GOJ-sponsored “Gaijin Hunt”?

PNS: Deaths of unknown persons in the custody of the Tokyo Metropolitan Police: At least 5 in past year

PNS: A troubling pattern of deaths of suspects in police custody is emerging in Tokyo, Japan. At least five people have died in police custody in the last year, with little publicity or investigation. The names of the victims have not apparently been released, which puts Japan at odds with international norms of transparency and police accountability.

Unknown man arrested May 12, 2014 in Meguro Ward
Unknown man arrested May 25, 2014 in Shinjuku
Unknown man arrested May 31, 2014 in Konan
Unknown man arrested August 25, 2014 in Shinagawa
Unknown man arrested February 11, 2015 in Akasaka

All cases have resulted in fatalities of those in custody.

DEBITO.ORG NEWSLETTER MARCH 3, 2015

Table of Contents:
JAPARTHEID
1) Sankei columnist Sono Ayako advocates separation of NJ residential zones by race in Japan, cites Apartheid South Africa as example
2) Japan Times: Inflammatory articles (such as Sono Ayako’s “Japartheid” Sankei column) aren’t helping mags’ circulation numbers
3) Debito.org quoted in South China Morning Post about Sankei Shinbun’s Sono Ayako advocating Japartheid
BLACKFACE AND BLACKOUTS
4) Good JT article on historically-ignorant blackface on Japanese performers and “modern-day minstrel shows” in Japan
5) Kyodo: Foreign trainee slain, colleague wounded in rural Ibaraki attack, in oddly terse article
6) Japan Times: UK inspectors say Japan’s Immigration Detention Centers are like “prisons”. In fact, they’re worse.
7) Tangent: AFP/Jiji: “Workaholic Japan considers making it compulsory to take vacation days.” Good news, if enforceable
… and finally…
8 ) Japan Times JBC 84 Feb. 5, 2015, “At age 50, seeing the writing on the wall”

My Japan Times JBC 83 Jan 1, 2015: “Hate, Muzzle and Poll”: Debito’s Annual Top Ten List of Human Rights News Events for 2014

As is tradition for JBC, it’s time to recap the Top Ten human rights news events affecting non-Japanese (NJ) in Japan last year. In ascending order:

10) WARMONGER SHINTARO ISHIHARA LOSES HIS DIET SEAT
This newspaper has talked about Shintaro Ishihara’s unsubtle bigotry (particularly towards Japan’s NJ residents) numerous times (e.g. “If bully Ishihara wants one last stand, bring it on,” JBC, Nov. 6, 2012), while gritting our teeth as he won re-election repeatedly to the National Diet and the Tokyo governorship. However, in a move that can only be put down to hubris, he resigned his gubernatorial bully pulpit in 2012 to shepherd a lunatic-right fringe party into the Diet. But in December he was voted out, drawing the curtain on nearly five decades of political theater…

Read the next nine and five bubble-unders below with links to sources:

Japan Times JUST BE CAUSE column 79, on Japan’s Visible Minorities, Sept. 4, 2014 (version with links to sources)

“VISIBLE MINORITIES” ARE BEING CAUGHT IN THE DRAGNET
By Dr. ARUDOU, Debito
Column 79 for the Japan Times JUST BE CAUSE Community Page, September 4, 2014

Around noon on Aug. 13, in Ushiku, Ibaraki Prefecture, a local apartment manager notified the police that a “suspicious foreigner” was hanging around the nearby JR train station.

Cops duly descended upon someone described by the Asahi as a “20-year-old male who came from the Philippines with a Japanese passport” (sic).

When asked what he was doing, he said he was meeting friends. When asked his nationality, he mentioned his dual citizenship. Unfortunately, he carried no proof of that.

So far, nothing illegal here: Carrying ID at all times is not legally required for Japanese citizens.

But it is for foreigners. So the cops, convinced that he was really a foreigner, took him in for questioning — for five hours. Then they arrested him under the Immigration Control Act for, according to a Nikkei report, not carrying his passport, and interrogated him for another seven.

In the wee hours of Aug. 14, after ascertaining that his father is Japanese and mother foreign, he was released with verbal apologies. That hardly suffices. If any of you have ever undergone Japan’s “voluntary questioning” and/or 23 days of interrogation after arrest, you know how harrowing it can be. And this isn’t the first instance…

United Nations demands Tokyo introduce anti-discrimination law to counter hate speech (HRC report CCPR/C/JPN/CO/6 text included in full, citing “Japanese Only” signs, thanks)

Good news. The United Nations has once again reviewed Japan’s human rights record (preliminary report below), and found it wanting. Here’s the bit that has been cited in Japan’s news media (also below):
=======================
Human Rights Committee
Concluding observations (2014) CCPR/C/JPN/CO/6
ADVANCE UNEDITED VERSION
Human Rights Committee
Concluding observations on the sixth periodic report of Japan (excerpt)

Hate speech and racial discrimination
12. The Committee expresses concern at the widespread racist discourse against members of minority groups, such as Koreans, Chinese or Burakumin, inciting hatred and discrimination against them, and the insufficient protection granted against these acts in the criminal and civil code. The Committee also expresses concern at the high number of extremist demonstrations authorised, the harassment and violence perpetrated against minorities, including against foreign students, as well the open display in private establishments of signs such as “Japanese only” (arts. 2, 19, 20 and 27).

The State should prohibit all propaganda advocating racial superiority or hatred that incites to discrimination, hostility or violence, and should prohibit demonstrations that intended to disseminate such propaganda. The State party should also allocate sufficient resources for awareness-raising campaigns against racism and increase its efforts to ensure that judges, prosecutors and police officials are trained to be able to detect hate and racially motivated crimes. The State party should also take all necessary steps to prevent racist attacks and to ensure that the alleged perpetrators are thoroughly investigated and prosecuted and, if convicted, punished with appropriate sanctions.
=======================

COMMENT: Happy to see the generally-overlooked aftermath of the Otaru Onsens Case and the information on Debito.org’s Rogues’ Gallery of Exclusionary Establishments is still being cited. Keep the pressure on, UN. The media reaction and the UN report in full follows, and there’s lots more important stuff (including issues of “Trainee” NJ slave-wage work, Japan’s historical wartime sexual slavery, abuses of police power, and even Fukushima irradiation!)

Colin Jones on NJ rights after the Supreme Court welfare verdict of July 2014: None but what MOJ bureaucrats grant you

Jones in the JT: This newspaper’s well-intentioned July 27 editorial declaring that the social safety net should be for all taxpayers is perfectly understandable — particularly given that the petitioner was an elderly Chinese who was born and spent her whole life here. Unfortunately, it is a mistake to equate feeding the maw of whatever tax-fueled Leviathan nation state you happen to live in with being entitled to anything from it in return. This is particularly true in Japan, where by law it is generally more important that one of your parents be Japanese than where you were born, raised or paid taxes. After all, being a dutiful taxpayer alone won’t get your visa renewed or keep you from getting kicked out of the country; why should it get you a welfare payment either?

Thus, if you live here on a foreign passport, you might want to snuggle up in a comfy chair and read through the Immigration Control and Refugee Recognition Act, since for most purposes, that is your constitution. Having its roots in an Occupation-era decree modeled after U.S. immigration laws then in effect (missing some important features, as will be discussed later), the ICRRA did not become a “law” until 1982, when it was amended in connection with Japan’s accession to the U.N. Convention Relating to the Status of Refugees. I say it is your constitution because in 1978, the Supreme Court acknowledged that most constitutional protections did extend to foreigners, but only within the framework of the immigration laws and regulations, including the broad administrative discretion granted by these to Ministry of Justice officials.

COMMENT: What I’d like to have clarified is Colin’s point about whether or not people (particularly non-citizen permanent residents) who pay taxes really have no rights to expect the benefits from The State. Let me ask Debito.org Readers to assist me in doing a little research. Let’s find some law journals and other academic research written by specialists that give comparative rights for non-citizen residents in an international light. Here are two research questions:

1) Are non-citizen residents (particularly permanent residents, as taxpayers) entitled to the same social welfare benefits (e.g., unemployment, child support, and other safety-net measures designed to rescue citizens from destitution) in other developed countries? (Let’s say the G8, or widen it out to the OECD if necessary.)

2) Do guarantees of civil and human rights guaranteed in the national constitutions of developed countries also apply to “all people/residents”, including non-citizens, or are they strictly reserved for citizens, as they apparently are in Japan?

Note that we are not looking for absolute equality (that’s impossible, otherwise there would be no benefit to citizenship). But simply put: Do foreign residents receive the same guarantee against various social adversities elsewhere as a legally-enshrined human right, or not? Please send us some links to some articles in the comments section, with pertinent excerpts/abstracts included.

DEBITO.ORG NEWSLETTER APRIL 30, 2014

Table of Contents:
1) Hitler’s 125th birthday march in Tokyo Ikebukuro video: It’s only a few illogical dullards who can but question the nationality (thus loyalty) of dissenters

2) IPC: Five female Japanese students reported twice raping a Peruvian classmate in Fujinomiya, Shizuoka

3) New facial recognition systems at J border: Once again, testing out the next-gen loss of civil liberties on the “Gaijin Guinea Pigs”

4) Mainichi: Discrimination against NJ in housing rentals highlighted in Tokyo Govt survey; like “Tokyo Sharehouse” with its new Tokyo-wide system of Japanese-Only rentals?

5) “Japanese Only” exclusionary Tentake tempura restaurant in Asakusa, Tokyo, allegedly due to NJ “hygiene” issues

6) Japan’s Right-wing swing taking on NJ media: Foreign correspondents ‘blindly swallowing’ anti-Japanese propaganda, writer alleges

…and finally…

7) My Japan Times JUST BE CAUSE Col 74, Apr 3, 2014: “Knowing your rights can protect against fake cops”, updating the NJ Spot ID Checkpoints issue