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

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

Knowing your rights can protect against fake cops
BY DEBITO ARUDOU, SPECIAL TO THE JAPAN TIMES, APR 2, 2014

Long-time readers of The Japan Times will already be aware of some of the information in today’s column. But within is an important update, so press on.

As you no doubt know (or should know), non-Japanese residents are required to carry ID 24/7 in the form of wallet-size “gaijin cards,” nowadays known as zairyū kādo (resident cards). (People without those cards — i.e., tourists here for less than three months — must instead always carry a passport.) Don’t leave home without yours, for you could face detention and a criminal penalty if a police officer suddenly demands it.

Which they can do at any time — underscoring the weakened position of non-Japanese under domestic law and social policy. According to the former Foreign Registry Law, any public official empowered by the Ministry of Justice may demand ID from a non-Japanese person, whenever. Inevitably, this encourages racial profiling, as cops with systematic regularity target people who “look foreign” (including naturalized citizens, such as this writer) for public shakedowns that are intimidating, alienating and humiliating…

Read the rest at http://www.japantimes.co.jp/community/2014/04/02/issues/rights-can-protect-against-fake-cops/

DEBITO.ORG NEWSLETTER APRIL 2, 2014

Table of Contents:
1) My latest Japan Times JUST BE CAUSE column 74, Apr 3, 2014: “Knowing your rights can protect against fake cops”, updating the NJ Spot ID Checkpoints issue
2) Neo-Nazis march in Tokyo Edogawa-ku March 23, 2014, bearing swastika flags! Here’s how counter-demos could sharpen their anti-racism message
3) JT: Motley crew of foreigners backing Japan’s revisionists basks in media glare
4) Briefly interviewed by BBC Radio program “BBC Trending”: “Scrubbing anti-foreigner scribbling from Tokyo’s Streets”, March 16, 2014

CLOSURE
5) Suraj Case: Tokyo District Court finds “illegal” excessive force, orders GOJ restitution to family of NJ killed during deportation (contrast with UK case)
6) Japan Times JUST BE CAUSE Col 73, “J.League and Media Must Show Red Card to Racism” on Saitama Stadium “Japanese Only” Urawa Reds soccer fans, Mar 13, 2014

…and finally…
7) Urawa “Japanese Only” Soccer Banner Case: Conclusions and Lessons I learned from it

Suraj Case: Tokyo District Court finds “illegal” excessive force, orders GOJ restitution to family of NJ killed during deportation (contrast with UK case)

Some moderately good news also came down the pipeline a few days ago, when the Suraj Case of police brutality and death in detention was drawn to a conclusion in Civil Court. The Tokyo District Court faulted the GOJ with “illegal” excessive force, and doled out restitution of a paltry sum of about USD $50,000 for a man’s life. Hokay. For many (unless there is an appeal), that means case closed.

It’s good that somebody was found fault with. Up until now, Japan’s Immigration Bureau got away with a clear case of cold-blooded murder of a NJ being manhandled by overzealous authorities. However, this was a decision that took place in CIVIL Court, not Criminal, meaning no criminal penalty has been applied to Suraj’s killers.

Contrast this with a very similar murder that just came down in the UK: The Mubenga Case. Same time line (an excruciatingly slow four years), same class of human being as far as the developed countries see it (a dark African man from Ghana/Angola), and same killing while in official custody. Except in the UK case, you get arrests, a charge of manslaughter, and killers’ names made public. In other words, the System in the latter case is less likely to protect individuals for their excesses, which is the much better deterrent for them to do this brutal act again. Thus we’re more likely to see Surajs happen than Mubengas, since Japan’s criminal prosecutors decided not to pursue Suraj’s case. And so the Suraj Case remains Japan’s shame, and should be a deterrent for future immigrants to come to Japan: In Japan’s overall criminal system of “hostage justice”, an overstayed visa may become a capital offense.

DEBITO.ORG NEWSLETTER NOVEMBER 6, 2013

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

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

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

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

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

Blame news cycles, but I’m coming in late to the discussion on Tokyo’s successful bid for the 2020 Olympics. Sorry. The most poignant stuff has already been said, but I would add these thoughts.

Probably unsurprisingly, I was not a supporter of Tokyo’s candidacy. Part of it is because I have a hard time enjoying events where individuals are reduced to national representatives, saddled with the pressure to prove an apparent geopolitical superiority through gold medal tallies. Guess I’m just grouchy about international sports.

That said, this time around, the wheeling and dealing at the International Olympic Committee has been particularly distasteful. Unlike the IOC, I can’t forget Tokyo Gov. Naoki Inose’s denigration of fellow candidate city Istanbul for being “Islamic” (conveniently playing on widespread Western fears of a religion and linking it to social instability). This was especially ironic given rising xenophobia in Japan, where attendees at right-wing rallies have even called for the killing of ethnic Koreans who have lived in and contributed to Japan for generations.

Nor can I pretend to ignore the risk of exposing people to an ongoing nuclear catastrophe in Fukushima. Even if you think the science is still unclear on the health effects of radiation in Tohoku, what’s not in doubt is that there will be incredible amounts of pork sunk into white-elephant projects in Japan’s metropole while thousands of people still languish in northern Japan, homeless and dispossessed. When so much work is incomplete elsewhere, this is neither the time nor place for bread and circuses.

All of this has been said elsewhere, and more eloquently. But for JBC, the most important reason why the Olympics should not come to Japan is because, as I have argued before, Japan as a government or society is not mature enough to handle huge international events…

Kyodo: UN HRC prods Japan on sex slaves, gallows. But the elephant in the room still remains no law against racial discrimination in Japan

The UN Human Rights Council has once again prodded Japan to do something to improve its record on human rights (and this time the GOJ, which must submit a report every two years, actually submitted something on time, not eight years overdue as a combined “Third, Fourth, Fifth, and Sixth Combined Report”). Here’s how the media reported on their interplay:

Kyodo: A panel under the U.N. Human Rights Council has endorsed some 170 recommendations for Japan to improve its human rights record, including Tokyo’s handling of the so-called comfort women issue, the euphemism for the Imperial army’s wartime sex slaves…

Other recommendations include the safeguarding of Japanese citizens’ right to lead a healthy life, in light of the enormous amount of radioactive fallout spewed over a vast area by the March 2011 meltdowns at the Fukushima No. 1 plant. The town of Futaba, which found itself in the center of the nuclear storm since it cohosts the wrecked plant, had actively campaigned for the inclusion of this right. The report also called on Japan to abolish the death penalty after more than 20 countries, including prominent EU member states, objected to its continued use of capital punishment.

COMMENT: As you can see in the HRC’s press brief enclosed in this blog entry, once again the GOJ is avoiding the topic of creating a legal framework to protect people against racial discrimination — claiming it’s already forbidden by the Japanese Constitution (but as we’ve stressed here umpteen times, no explicit law in the Civil or Criminal Code means no enforcement of the Constitution). But all the UN HRC seems to be able to do is frown a lot and continue the talk shop. Further, the UN still chooses the word “migrants” over “immigrants”, which makes NJ (and their J children) who need these rights look like they’re only temporary workers — the “blind spot” continues. Meanwhile, Fukushima and the death penalty seem to have sucked all the oxygen out of the debate arena regarding other human rights issues. In this blog entry is an excerpt of what Japan submitted to the HRC for consideration, and a media brief of the HRC’ s recommendations. It’s basically cosmetic changes, open to plenty of bureaucratic case-by-case “discretion”, and amounting to little promise of fundamental systemic or structural changes.

The Govinda (Mainali) miscarriage of justice murder case ruled for retrial after 15 years, so Immigration deports him. But there’s more intrigue.

Making headlines this past week has been the Govinda Mainali Murder Case, a cause celebre I’ve known about for years (thanks to a very active domestic support group with regular mailings in Japanese). It’s come to a head, where DNA evidence has finally cast enough doubt on the evidence behind the conviction (see Yomiuri article immediately below), and it’s come to light (see Japan Times editorial below) that the prosecution withheld (or didn’t bother to have tested) vital evidence from the court (yes, they can do that in Japan) that would have exonerated him. It also put him in double jeopardy, meaning trying him more than once for the same crime (technically illegal, but yes, they can do that in Japan), reversing a not-guilty decision in lower court. As if that wasn’t enough, note the date of the Yomiuri article below stating the negative DNA test (July 2011) — meaning it only took Japan’s criminal justice system about a year for him to finally get his retrial, on top of the 15 years he’s been incarcerated. And after all that, now that it looks like Govinda is going to have his name cleared, Immigration is just going to deport him. The police in Japan are sore losers.

Now, check out the details in Terrie’s Take below, where the plot really thickens because the murder victim, a prostitute in her off-hours, was an employee with TEPCO (yes, that TEPCO) with names of some high-level clients in her address books…

As Terrie Lloyd notes below (as have I in the Japan Times), the already prosecutor-heavy criminal justice system in Japan is even more so if the suspect is a NJ. More and more it looks like Govinda Mainali was actually a patsy for the powerful because he was a convenient foreigner for the Japanese police to pin this on. I’ve already discussed in detail before how Japan’s criminal investigation system is fully stacked against NJ victims (start here with the Scott Kang and Matthew Lacey Cases, then progress to the Suraj Case, where the police have still gotten away with murder). The Govinda Case is yet another case study for everyone to remember for when the NJ are potential perps. Can’t win either way once the Japanese police get their hands on you.

DEBITO.ORG NEWSLETTER MARCH 5, 2012

Table of Contents:
HISTORICAL WRONGS, ABERRATIONS, AND AMNESIA
1) Levin: J citizens of empire stripped of Japanese nationality in 1952, made into Zainichi by bureaucratic fiat — by a simple MOJ office circular (kairan)!
2) Mainichi and JT: Nagoya mayor Kawamura repeatedly denies Nanjing Massacre, joins ranks of revisionist J politicians
3) Mainichi/Kyodo: NJ crime down again, but once again only reported in English and apparently not in J Mainichi, Asahi, Yomiuri, or Sankei
4) 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.

BLOWBACK
5) Yomiuri: Language hurdle trips up Indonesian nurses in 4-year-old GOJ EPA program, and they’re leaving. By design, methinks.
6) Asahi: Registered NJ population drops again in 2010, GOJ to institute policy of “points system” for future NJ visas this Spring
7) Mainichi: NJ held by immigration sharply down after reviewing rules
8 ) Jeff Smith on Yahoo Japan auctioneer denying foreign bidders, and what he did about it

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

Mainichi: NJ held by immigration sharply down after reviewing rules

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.

DEBITO.ORG NEWSLETTER FEBRUARY 5, 2012

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

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

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).

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

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.

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

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)

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…

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

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…

Best review yet of my novel IN APPROPRIATE (and no, the reviewer does not rave about the book)

The thing a writer likes most, aside from (hopefully) the craft of writing itself, is to be read. The second thing is, to paraphrase Gertrude Stein, is praise. But praise (or even agreement) is a huge luxury in my field. This is why whenever I put something on the market (as I have with six other books), I hope that reviewers, if they give a negative review, will at least do me the courtesy of reviewing the book, not the author. But in this small literary corner (i.e., books in English on Japan) where we have very few rewards (or awards) for quality, having a professional review one’s book professionally is also a huge luxury.

That’s why I’m pleased to mention Amanda Harlow’s review of my most recent book, novel “IN APPROPRIATE: A novel of culture, kidnapping, and revenge in modern Japan”, which came out on the Being A Broad website last week. She doesn’t really dig the book. But she actually DOES talk about the book both in terms of content and context, and offers ways in which the book might have in her opinion been better. The job of the reviewer is not simply to say what’s right or wrong about any work, but also to suggest improvements — offer the creator something he or she could learn from this experience to put into the next effort. Amanda does this, and I thank her for it…

It’s a pretty nasty world out there, and it’s easy to be a critic. It’s harder to be a good critic, and people like Amanda Harlow I would like to salute and thank for a critique well done, even if she didn’t like the book much. I of course don’t agree with all her assessments, but I think this review is fair and I can learn something from it.

Japan Times JUST BE CAUSE Column July 5, 2011: “Lives such as Daniel’s deserve to be honored in these pages”

One problem with our NJ brethren who leave us — through returning to their native countries, finding opportunities elsewhere, or, in Daniel’s case, death — is the disappearance of institutional memory. With a constant recycling of people, we as a community often know little of what happened before us, and have to start again from scratch.

That is the ultimate disempowerment: the ability to erase someone’s life work by not recognizing it.

This is why, at least in the case of death, we have an obligation to honor and remember NJ lives and efforts. Otherwise what is the point of making those efforts in the first place?

So let me propose a corrective measure: obituaries in The Japan Times. We should offer, say, a “Legacy Corner,” where someone who knew a recently deceased NJ of note well can submit a eulogy for possible publication. This way a print record remains of what they contributed to Japan and to us.

Many overseas newspapers, including The Guardian, already have this system in place. So should the JT…

DEBITO.ORG NEWSLETTER JANUARY 29, 2011

Table of Contents:
ECCENTRIC

1) Japan Times Community Page on long-termer coping strategies in Japan,
where even Dietmember Tsurunen seems to advocate accepting your foreign status and working with it
2) Dietmember Tsurunen offers clarification and apology for calling himself a foreigner in Japan Times article
3) Japan Times publishes reactions to their Dec. 28 article on Old Japan Hands accepting their foreigner status
4) My next Japan Times JUST BE CAUSE Column Feb 1 critiques the “naturalized but still foreign” rubric
5) AP video: Sting talks to Ric O’Barry on “The Cove” and dolphin slaughters
6) Weekend Tangent: The future of Eikaiwa: AFP: Robots replace english teachers in SK

ODD AND STRANGE

7) QB House Tameike Sannou, Tokyo, requires Japanese language ability for a haircut (UPDATE: Sign has been replaced)
8 ) “To De-Sign or Not to De-Sign”: A debate about what to do re exclusionary signs
9) Tangent: End of an era: Asahi Evening News presses to close
10) TMC reports on TV Asahi “Super Morning” rupo re Shibuya Center Gai citizen patrols harassing buskers, NJ
11) AFP: Otemon Gakuin Univ finally apologizes for Indian student suicide in 2007, still refuses to comment if racially-motivated bullying
12) Tangent: BBC show QI gets scolded by J media and embassy for insensitivity re atomic bombings

SIMPLY WRONG-HEADED

13) Suspected murderer of Lindsay Ann Hawker, Ichihashi Tatsuya, publishes book about his experiences. Ick.
14) Caroline Pover on protesting Gentosha Inc’s publication of Ichihashi’s book after Lindsay Ann Hawker’s murder
15) DEBITO.ORG POLL: What’s your take on suspected murderer Ichihashi Tatsuya’s book on his experiences
evading arrest for the homicide of Lindsay Ann Hawker? (Multiple responses OK)
16) FCCJ No.1 Shimbun: A killing separation: Two French fathers suicide 2010 after marital separation and child abduction
17) Yomiuri on “Lehman Shock” and Japan’s foreign crime: Concludes with quote that “living in harmony with foreign residents might be just a dream”
18) AP: Japan population shrinks by record numbers in 2010. NYT: Its workers aging, Japan turns away immigrants.
19) NY Consulate Japan’s Kawamura Yasuhisa offers more rosy picture of immigration to Japan in NYT Letter to the Editor
20) Economist.com offers microcosm of Nagasaki as example of Japan’s urban decline

THIS IS MORE LIKE IT

21) Kyodo: Tourism to Japan hits new record high in 2010
22) Japan Times: Otaru Beer, with NJ braumeister, revolutionizing microbrews and beerdrinking styles in Japan
23) JT on Rita Taketsuru, Scottish mother of Japan’s whisky industry, and her connections to Nikka’s factory in Yoichi, Hokkaido
24) MOFA now requiring consent of both parents for their child’s J passport renewal
25) Hollywood Reporter: JT “Richard Cory” child abduction story optioned as possible movie/TV production
26) Tangent: Elderly J activists sue GOJ to allow different last names after marriage
27) Japan Times et.al: Suraj Case of death during deportation sent to prosecutors

Japan Times JBC/ZG Column Jan 4, 2010: “Arudou’s Alien Almanac 2000-2010” (Director’s Cut)

Director’s Cut with excised text from published version and links to sources:

Top Five for 2010 (plus five honorable mentions):
5) RENHO BECOMES FIRST MULTIETHNIC CABINET MEMBER (June 8 )
4) P.M. KAN APOLOGIZES TO KOREA FOR 1910 ANNEXATION (August 10)
3) TOURIST VISAS EASED FOR CHINA (July 1)
2) NJ PR SUFFRAGE BILL GOES DOWN IN FLAMES (February 27)
1) THE DROP IN THE REGISTERED NJ POPULATION IN 2009

Top Five for 2000-2010 (plus five honorable mentions):
5) THE OTARU ONSENS CASE (1999-2005)
4) ISHIHARA’S SANGOKUJIN RANT (April 9, 2000)
3) THE SECOND KOIZUMI CABINET (2003-2005)
2) THE POLICE CRACKDOWNS ON NJ (1999- present)
1) THE DROP IN THE REGISTERED NJ POPULATION IN 2009

DEBITO.ORG NEWSLETTER JANUARY 1, 2011

Table of Contents:
1) DEBITO.ORG END-YEAR POLL: “What do you think are the top issues in 2010 that affected NJ in Japan?”

Holiday Tangents:
2) Happy Boxing Day: From deep within the archives: “Fred Fish” comic book, 1973, drawn by me aged eight
3) Holiday Tangent: “Steve Seed”, all drawed by me 1973, aged eight. C’mon, it’s kinda cute.
4) From even farther back: “Penny the Hamster”, drawn in Second Grade when I was seven
5) Tangent: Comic “The Flight’, drawn by me Christmas 1975 aged ten
6) Tangent: “The Meat Eaters”: My first try at a movie storyboard, circa 1975, Fifth Grade, aged ten
7) Last End-Year Tangent: “Lile Lizard”, written Second Grade aged seven, includes procreation!

Business as usual:
8 ) Kyodo: Stats for inflows & outflows: J exch students down, NJ up; NJ tourists also up, but none reaching GOJ goals
9) Mainichi: Global 30 strategy for bringing in more foreign exchange students to be axed, while fewer J students go overseas than Singapore
10) Japan Times: Paranoia over NJ purchases of land in Niseko etc: GOJ expresses “security” concerns
11) Fukui City now requiring J language ability for NJ taxpayer access to public housing. Despite being ruled impermissible by Shiga Guv in 2002
12) Discussion: As a person with NJ roots, is your future in Japan? An essay making the case for “No”

… and finally …
13) Next Japan Times JUST BE CAUSE column January 4, 2011
Double feature: The top ten events that affected NJ in Japan both for 2010 and for the entire last decade!

Ministry of Justice website justifying crime prevention measures due to “frequent occurrence of serious crimes committed by foreign nationals and increase in transnational crimes”

MOJ: “In the past Japan was proud of its image in the world of being an exceptionally safe country, but in recent years, the number of criminal cases that have been identified by the authorities has increased remarkably, while the clearance rate has dropped drastically and remains at a very low level, which makes the deterioration of public safety an issue of grave concern to the nation. In particular, exceptionally violent crimes attracting public attention and the occurrence close at hand of many offences committed by youngsters or by foreign nationals coming to Japan are making people uneasy about the maintenance of public order. In addition, since computers and high-level information technology such as the Internet have become a common feature of daily life, new crimes abusing such advanced technology have risen in number. Further, effective measures against international terrorism such as the multiple terrorist attacks on the United States, and efforts toward solving problems concerning the abduction of Japanese nationals by North Korea, are needed…” (Cosigned by Criminal Affairs Bureau, Correction Bureau, Rehabilitation Bureau, Immigration Bureau, Public Security Intelligence Agency, and Public Security Examination Commission)

COMMENT: Well, that’s what I would call an unrepentant Bunker Mentality Mode. It’s hard not to read this as, “We were a safe society until the foreigners came along and spoiled everything for us. So now we have to crack down on the foreigners and Japanese who deal with them.” Great. Of course, we have no purely homegrown crime here, such as the Yaks, right? Why is “Recovery of Public Safety” so firmly linked in “foreigner issues”? Because they’re a soft target, that’s why. Read the whole MOJ website entry and try to suppress a wry smirk.

DEBITO.ORG NEWSLETTER AUGUST 6, 2010

Table of Contents:
SPECIAL ON THE DPRK SPY KIM HYON HUI JAPAN VISIT: THE BIG CON

1) North Korean spy and terrorist skirts Immigration, gets to stay in Hatoyama summer home, due to Yokota Megumi Case
2) UPDATE: Additional thoughts on the DPRK Spy Kim Hyon Hui Japan Visit from a friend in the know
3) My Japan Times JUST BE CAUSE Column Aug 3: Kim uses Japan’s “perpetual victimhood” to her advantage

OTHER BIG CONS

4) Japan’s Centenarians are missing: Registry systems that ignore NJ residents are also registering long-dead Japanese as alive
5) Kyodo: NJ crime down once again, but NPA spin says NJ crime gangs “increasingly” targeting Japan, whines about difficulty in statistically measuring NJ crime
6) More racism in NPA police posters, this time Kanagawa Ken Yamate police and big-nosed “int’l NJ crime groups”.
(UPDATE: Contrast with same Kanagawa Police site in English: “we patrol community hoping smiles of residents never vanish.” Retch.)
7) Shame on Berlitz Japan for its court harassments, firing teacher for having cancer
8 ) Yomiuri: New “lay judges” in J judiciary strict about demanding evidence from prosecutors, give ‘benefit of doubt’. Well, fancy that.
9) Economist London on Japan’s treatment of Chinese: Welcome tourist money, work “Trainees” to death
10) NYT has video and article on JITCO NJ “Trainee” Program, including sweatshop conditions and karoushi
11) Mainichi/Kyodo: J companies will boost hiring of NJ by 50%! Yeah, sure.
12) JIPI’s Sakanaka on Gaijin Tank detentions for visa overstays: Put a maximum time limit on them
13) Toyota QC and “culture” again, says it will increase safety by dealing with mechanical and cultural defects, with Japanese-only review panel
14) Asahi: South Korea, China overtaking Japan in ‘cool’ culture battle, whatever that means
15) AP and JT on “Soft Power” of JET Programme, projecting Japan’s influence abroad
16) IMADR Connect Mag: UN CERD concerns and recommendations 2010 for the GOJ; rinse and repeat

OTHER IMPORTANT INFORMATION

17) NJ population falls in 2009 for the first time since 1961
18) New separate blog with details about taking Japanese citizenship, in English, written by other fellow naturalized Japanese
19) Thoughts on GOJ Upper House Election July 11, 2010: A DPJ loss, but not a rout, regardless of what the media says.
20) Asahi editorial supports NJ PR Suffrage, published during election-period debates

INTERESTING TANGENTS

21) AP: A Milestone For Russia: African-born Town Councilor Is Country’s 1st Black Elected To Office
22) Japan Times columnist CW Nicol (a whaling supporter) on why “The Cove’s” Taiji dolphin culls bother him

… and finally…

23) My Schofill family roots include Cherokee and lots of American South skeletons

DEBITO.ORG NEWSLETTER JULY 11, 2010

Table of Contents:
CALLS FOR CHANGE, WELL MAYBE NOT:
1) JET Programme on GOJ chopping block: Appeal from JQ Magazine and JETAA in NYC (plus Debito.org Poll)
2) Powerpoint presentation: “Japan Past the Point of No Return”
3) Alarmist Nikkei Business cover re Chinese business practices: “Chapan: Your new boss is Chinese”
4) Japan Times: LDP & rightists still clinging to anti NJ PR Suffrage, even though not an issue in this election
5) Metropolis Mag has thoughtful article regarding the convoluted debate for NJ PR suffrage
6) Japan Times Zeit Gist on how NJ can participate in Japanese elections
7) Japan Times & Kyodo: Foreign “trainees” dying at rate of two to three a month, takes two years for one to be declared “from overwork” (karoushi), more than a quarter from “unknown causes”
8 ) IMADR Connect Magazine article on recent UN visit by High Commissioner of Human Rights to Japan May 2010

CRIME AND PUNISHMENT, WELL MAYBE NOT:
9) Japan Times’ Colin Jones on Japanese enforcement of vague laws: “No need to know the law, but you must obey it”
10) FCCJ No.1 Shimbun & Jiji on Japanese police’s extralegal powers, and how that power corrupts
11) Kyodo: Police raid car scrap yards run by NJ, suspecting them as “breeding grounds for crime”
12) NYT guest column on racial profiling of Japanese for “looking too tall and dark”. Just like arrest of “foreign-looking” Japanese back in 2006.
13) TBS: Daring heist of expensive watches in Sapporo. So daring it might have been foreigners!, says Hokkaido Police
14) J protesters of “The Cove” lose injunction in Yokohama District Court, cannot stop screenings, so they target people’s homes for intimidation
15) DEBITO.ORG PODCAST JULY 1, 2010

TANGENTS
16) Newsweek: Immigrants do not increase crime
17) How the US deals with Arizona racial profiling: Federal lawsuits and Jon Stewart humor
18) Activist Junichi Sato on International Whaling Commission corruption and GOJ/NPA collusion
19) Canada spending even more than Japan this time on G8/G20 summits. However, controversy ensues.
20) Yours is no disgrace, World Cup Japan Team. Otsukare. I hope the J media does not spin this as a loss.
21) Sunday Tangent: “A Growing Love for ‘Cool Japan'” by Akira Yamada (of MOFA)

… and finally …

22) JUST BE CAUSE column July 6, 2010: “Japan’s hostile hosteling industry”: how government agencies want NJ tourists yet are accessories to excluding them (full text)

Sunday Tangent: CNN: Activist Junichi Sato on International Whaling Commission corruption and GOJ/NPA collusion

For a Sunday Tangent, here is a hard-hitting article (thanks CNN) showing how activism against a corrupt but entrenched system gets treated: Detention and interrogation of activists, possible sentencing under criminal law, and international bodies turning a blind eye to their own mandate. Lucky for the author (and us) he is out on bail so he could write this. He wouldn’t be bailed if he were NJ. More on the IWC’s corruption in documentary The Cove — yet another reason why the bully boys who target people’s families (yet don’t get arrested for their “activism”) don’t want you to see it.

Sato opens with: After just two days of closed-door negotiations, the leaders who had gathered at the International Whaling Commission in Agadir, Morocco, announced no agreement was reached on the IWC chair’s proposal to improve whale conservation.

Greenpeace did not support the proposal, but we had hoped governments would change it to become an agreement to end whaling, not a recipe for continuing it.

It is particularly disappointing to me, because my professional commitment to end the whale hunt in my country of Japan — which led to the exposure of an embezzlement scandal at the heart of the whaling industry — has come at significant personal cost.

The investigation I conducted with my colleague, Toru Suzuki, led to our arrests in front of banks of media outlets who had been told about it in advance.

The homes of Greenpeace office and staff members were raided. Seventy-five police officers were deployed to handcuff two peaceful activists. We were held without charge for 23 days; questioned for up to 10 hours a day while tied to chairs and without a lawyer present. We are now out on bail awaiting verdict and sentencing, expected in early September.

If I can risk my future to bring the fraudulent Japanese hunt to an end, if whaling whistle-blowers are prepared to risk their lives to expose the corruption, how can it be that the IWC has yet again failed to take the political risk to pressure my government to end the scientific whaling sham?…

DEBITO.ORG NEWSLETTER JUNE 20, 2010

Table of Contents:

THE CHINESE ARE COMING
1) Asahi has whiny article on how Chinese tourists don’t spend properly
2) Toyoko Inn opens “exclusively Chinese” hotel in Susukino Sapporo, refuses Japanese and other NJ; media ignores questionable legality
3) Taiwanese-Japanese Dietmember Renho becomes first multiethnic Cabinet member; racist Dietmember Hiranuma continues ranting about it
4) Debito.org Reader asks for advice regarding Chinese “Trainees” exploitation, stolen wallet, and local police

THE IMMIGRANTS ARE NOT
5) Asahi poll: Japan would rather be poorer as a nation than accept immigration
6) Osaka Minami public campaign: “exclude bad foreigners” like yakuza, enlists enka singer as spokesperson
7) Kansai Scene June 2010 article on issue of refugees and J Detention Centers (“Gaijin Tanks”)
8 ) Guardian on benefits of immigration to UK, NW on GOJ’s history promoting anti-racism 90 years ago at League of Nations!

TANGENTS
9) Reuters: Showings of Oscar-winning documentary The Cove cancelled in Japan due to threat of protest
10) Support and preview FROM THE SHADOWS documentary on Japan’s Child Abductions: Tokyo Shibuya Thurs Jun 24 7PM, admission free
11) Kyodo: GOJ survey indicates 70% of J disabled feel discriminated against. Nice they, unlike NJ, even got asked.
12) Fun Facts #15: Percentages of J high school grads matriculating into college by prefecture
13) Excellent Mark Schreiber article on history of crime terms in J media

… and finally …

14) Kansai Scene June 2010 interview re NJ PR suffrage issue (full text)

DEBITO.ORG NEWSLETTER JUNE 7, 2010

Table of Contents:
MORE DEBATES FROM BIZARROLAND
1) Eikawa GEOS claims in NZ court that workplace harassment is “The Japanese Way”, loses big
2) JIPI’s Sakanaka in Daily Yomiuri: “Japan must become immigration powerhouse” (English only, it seems)
3) Japan Times satirical piece on Gunma Isesaki bureaucrat beard ban
4) Kyodo: MOFA conducts online survey on parental child abductions and signing Hague Convention (in Japanese only)
5) Japan Times exposes dissent amidst scientist claims that eating dolphin is not dangerous
6) Economist London column on DPJ woes, passim on how senile Tokyo Gov Ishihara seems to be getting
7) Mark in Yayoi comments on Futenma affair: grant Okinawa its independence from Japan!
8 ) DEBITO.ORG PODCAST JUNE 1, 2010 (Japanese), May 15 speech in Kani-shi, Gifu-ken

UPDATES
9) AFP: Another hunger strike in Immigration Detention Center, this time in Ushiku, Ibaraki
10) Robert Dujarric in Japan Times: Immigrants can buoy Japan as its regional power gives way to China
11) Tangent: Yomiuri: Nouveau riche Chinese buying up Japan, Niseko

… and finally…

12) Japan Times JUST BE CAUSE column June 1, 2010: Okinawa Futenma is undermining Japanese democracy (full text)

DEBITO.ORG NEWSLETTER MAY 24, 2010

Table of Contents:
INTERESTING VIEWS
1) Singapore Straits Times: Lee Kwan Yew advises Japan not to accept immigrants who don’t look Japanese
2) David McNeill interviews ultranationalist Sakurai Makoto, lays bare his illogical invective
3) Former J employees sue Prada for sexual and power harassment, TV claims “racial discrimination”
4) Yomiuri, Terrie’s Take offer thoughtful essays on easing language hurdles for NJ on a tight deadline, such as Filipine or Indonesian nurses
5) Further reading: Indonesian “care givers” and those pesky qualifying exams: a means to maintain “revolving door” NJ job market?
6) Times London on “Peter Rabbit Tax”: Optional 5GBP surcharge for Japanese tourists in England derided as “discriminatory”
7) Meat67 on “City of Urayasu Globalization Guidelines” Survey
8 ) Suraj Case of death during deportation makes The Economist (London)
9) JALT PALE NEWSLETTER May 2010 (pdf file)

NEWS YOU CAN USE
10) Terumi Club refuses NJ for travel fares and tours, has cheaper fares for Japanese Only. Like H.I.S. and No.1 Travel.
11) Takasago Hotel, Fukushima-ken, has “rooms all full” if lodger is NJ
12) Japan Times: Housing glut resulting in more assistance for NJ renters, e.g., Japan Property Management Association
13) Matthew Apple on how to take child care leave in Japan. Yes, even in Japan. Sanctioned by the GOJ.
14) Sunday Tangent: Cato Institute on dealing with police racial profiling in general
15) MOJ: Numbers of people naturalizing into Japan 1999-2008
16) NYT: More American Expatriates Give Up US Citizenship

… and finally …
17) DEBITO.ORG BLOG POLL: “What do you think about the whole Okinawa Futenma Issue?”

Suraj Case of death during deportation makes The Economist (London)

Now here we have the Suraj Case making it out of Japan and being reported overseas. The new twist is that the widow now has lost her job allegedly because of the fuss made over her husband’s death while being deported by Japan’s Immigration Bureau. I’m fond of the title, with Immigration being depicted as “Japan’s Bouncers”, and pleased the reporter noted how little coverage this horrible incident got domestically. But the unaccountability regarding the cause of death and a possible homicide at the hands of GOJ officials is no joke.

Economist excerpt: Around 2m foreigners live legally in Japan, which has a population of 128m; the justice ministry counted 91,778 illegal residents as of January. But the number, boosted by cheap Chinese labourers, may well be much higher. After a nine-day research trip last month, Jorge Bustamante, the UN’s special rapporteur on migrants’ rights, complained that legal and illegal migrants in Japan face “racism and discrimination, exploitation [and] a tendency by the judiciary and police to ignore their rights”.

The Special Residency Permit system is an example of the problem. No criteria for eligibility are specified. Instead, published “guidelines” are applied arbitrarily. And people cannot apply directly for an SRP: illegal residents can only request it once in detention, or turn themselves in and try their luck while deportation proceedings are under way. So most illegal residents just stay mum. Mr Suraj fell into the SRP abyss after he was arrested for overstaying his visa. Although he had lived in Japan for 22 years, was fluent in the language and married to a Japanese citizen, his SRP request was denied.

Why the tougher policy now? Koichi Kodama, an immigration lawyer assisting Mr Suraj’s widow, believes it is a reaction to the appointment last year as justice minister of Keiko Chiba, a pro-immigration reformer; the old guard is clamping down. The police are investigating the incident and the ten immigration officers in whose custody Mr Suraj died, though no charges have been brought. As for Mr Suraj’s widow, she has yet to receive details about her husband’s death or an official apology. The topic is one Japanese society would rather avoid. The press barely reported it. Still, when her name appeared online, she was fired from her job lest the incident sully her firm’s name.

Swiss woman acquitted of crimes yet denied bail due to being NJ, then barred as “visa overstayer” anyway

Bringing this old article up as a matter of record: I mentioned on Debito.org back in early 2008 about a Swiss woman who came to Japan as a tourist and was arrested on drug charges. She got acquitted not once but twice in Japanese courts, yet was not released on bail because NJ and are considered more of a flight risk. While actual convicted felons are released in the interim if they are Japanese.

Again, foreigners aren’t allowed bail in Japan. Unlike Japanese: When Japanese defendants appeal guilty verdicts, they are not detained (see Horie Takafumi and Suzuki Muneo; the latter, now convicted of corruption twice over, is still on the streets, even re-elected to the Diet!).

So despite being incarcerated as an innocent NJ since 2008, she finally gets booted out for “overstaying her visa” (oh, sure, she could have gone to Immigration any time and renewed, right?) and barred from reentry. Rights of the defendant and “Hostage Justice” depending on your nationality. What a swizz.

DEBITO.ORG NEWSLETTER APRIL 24, 2010

Table of Contents:
PROACTIVE POLICYMAKING TOWARDS NJ
1) Tokyo Gov Ishihara encourages witch hunt for J politicians with naturalized ancestors
2) Xenophobic rantings of the Far-Right still continue despite NJ Suffrage Bill’s suspension; scanned flyers enclosed
3) Gaijin Card Checks expand to Tax Bureau, now required for filing household tax returns
4) Mutantfrog on Death of Yokoso Japan, plus birth of Welcome to Tokyo
5) Asahi: J companies abandoning old hiring and promotion practices, offering NJ employees equitable positions. Come again?
6) Eurobiz Japan Magazine Jan 2010 Interview of JIPI’s Sakanaka Hidenori
7) “Pinprick Protests” #1: GOJ authorities finally telling hotels correct enforcement procedures for NJ check-ins. Pity it only took five years.

ISSUES RESPARKED
8 ) Ghanian dies while being deported March 22, scant media on it
9) FCCJ Press Conf on Ghanian death while being deported, 2 more deaths in Ibaraki Detention Ctr
10) Japan Times on Suraj Case: Wife of Ghanian who died while being deported demands info on cause
11) GhanaWeb: Suraj apparently a son of a Ghanian Prince
12) Japan Times on “Little Black Sambo” controversy, cites Debito.org’s parody “Little Yellow J*p”
13) Case study about university contract termination of NJ reversed due to getting a lawyer
14) Kyodo: Japan’s depopulation accelerates in 2009

TANGENTS
15) Tokyo Shinbun: Fussa City bureaucrat blames NJ residents for more children’s cavities!
16) Sumo Suits Controversy in Canada
17) NJ and Abandoned Konketsuji Negishi Cemetery in Yokohama; photos included
18) Congratulations to Oguri Saori for her successful opening of “Darling wa Gaikokujin” movie

… and finally…
19) Debito.org Poll: “Do you think ‘Little Black Sambo’ should be in print and in educational institutions in Japan?”

FCCJ Press Conference on Ghanian death while being deported, Tues Apr 20

PRESS CONFERENCE
Mr Suraj’s widow, Koichi Kodama and Mayumi Yoshida
Another illegal immigrant in Japan, another death:
The fatal journey of Mr. Suraj
10:00-11:00 Tuesday, April 20, 2010, FCCJ TOKYO

On March 22, Mr. Abubakar Awudu Suraj, an illegal immigrant who was in the process of being deported to his native country of Ghana, died in Narita.

The circumstances surrounding Mr. Suraj’s death are unknown. What is clear is that the immigration officers used a towel and handcuff to restrain Mr. Suraj as he was boarding an Egypt Air flight. In February, a first attempt to send Mr. Suraj back to Ghana had failed. Since then, he had been subject to confinement. Married since 2006 to a Japanese national, he had spent the equivalent of 2 years in detention for no other crime than staying illegally.

The death of Mr. Suraj follows the suicide by hanging of a South Korean man a week ago in the Ibaraki detention center. And the self-hanging of a young Brazilian man in Ibaraki again. And a hunger strike by 70 detainees at the Osaka detention center in March.

DEBITO.ORG NEWSLETTER APRIL 10, 2010

DEBITO.ORG NEWSLETTER APRIL 10, 2010
SOME ODDS AND ENDS OVER THE PAST FEW WEEKS
Table of Contents:

ODDS
1) MHLW clamps down on NJ spongers of system claiming overseas kids for child allowances. What spongers?
2) More Juuminhyou idiocies: Dogs now allowed Residency Certificates in Tokyo Itabashi-ku. But not NJ residents, of course.
3) Yomiuri: 3 Filipina and Indonesian GOJ EPA nurses pass exam (less than 1% of total, after two years)
4) Asahi: Prof pundit on Toyota uses “culture” benkai to explain auto recall issues
5) More anti-NJ scare posters & publications, linking PR suffrage to foreign crime and Chinese invasion
6) List of countries with voting rights for non-citizens, with Japan of the group the absolutist outlier

ENDS
7) A personal hero, Chong Hyang Gyun, retires her nursing post at 60
8 ) Japan Times update on current J child abductions after divorce & Hague Treaty nego: USG still pressuring GOJ
9) Mainichi: Supreme Court defamation ruling sounds warning bell over online responsibility
10) Japan Times on a “Non-Japanese Only” sushi restaurant in Okinawa
11) Fun Facts #14: JK provides budgetary stats to show why current immigration-resistant regime is unsustainable

AN ISSUE THAT SHOULD NOT HAVE FIZZLED OUT
12) Japan Times & Sano Hiromi on violence towards NJ detainees at Ibaraki Detention Center, hunger strike
13) Japan Times front pages NJ abuses at Ibaraki Immigration Detention Center, updates from Sano-san
14) UPDATE: Ibaraki Detention Center Hunger Strikers pause strike, arrange meetings
15) Japan Times on Ibaraki Detention Ctr hunger strikers: GOJ meeting because of UN visit?
… then, kerplunk, the issue dies…?

… and finally …

16) Tangent: Japan Times on staggering the Golden Week holidays across the J archipelago

DEBITO.ORG NEWSLETTER APRIL 7, 2010

SPECIAL ON THE UNITED NATIONS AND NGO FRANCA MARCH 2010 TOUR
UNITED NATIONS RAPPORTEUR BUSTAMANTE COMES TO TOWN MAR 23-31

1) UN CERD Recommendations to GOJ Mar 2010 CERD/C/JPN/CO/3-6, takes up our issues well
2) FRANCA meeting with UN Rep Bustamante yesterday: How it went, with photos
3) Table of Contents of FRANCA information folder to UN Rep Bustamante, Mar 23
4) Japan Times: UN Rep Bustamante meets Calderon Noriko, comments on GOJ harsh visa system that separates families
5) Assn of Korean Human Rights RYOM Munsong’s speech text to UN Rep Bustamante, Mar 23
6) Mar 31 UN Rep Bustamante’s Full Press Release on Japan’s Human Rights Record
7) Download audio podcast of UN Rep Bustamante Mar 31 press conference

MORE FRANCA WORKS, INCLUDING NGO JIPI INTERFACE
8 ) FRANCA Sendai Meeting Proceedings, Photos and Project Ideas
9) Mar 27 2010 NGO FRANCA Tokyo meeting minutes
10) NGO Japan Immigration Policy Institute requests information from, meetings with NJ Residents
11) March 29, 2010 FRANCA/JIPI speech on why Japan needs immigration: Download my powerpoint presentation (Japanese)
12) Going back: Japanese porkbarrel airports as “infrastructure in a vacuum”,
and how JR duped me into buying a train ticket to nowhere

… and finally …
13) Japan Times prints my speech to UN Rep Bustamante on “blind spot” re Japan immigrants

Mar 31 UN Rep Bustamante’s Full Press Release on Japan’s Human Rights Record

PRESS RELEASE MARCH 31, 2010: UN MIGRANTS RIGHTS EXPERT URGES JAPAN TO INCREASE PROTECTION OF MIGRANTS (excerpt)

TOKYO – The UN expert on migrants’ human rights on Wednesday praised Japan for some of the measures it has taken to alleviate the impact of the economic crisis on migrants, but, based on information provided by civil society, he noted that it is still facing a range of challenges, including racism and discrimination, exploitation, a tendency by the judiciary and police to ignore their rights and the overall lack of a comprehensive immigration policy that incorporates human rights protection…

The Special Rapporteur said, many challenges still need to be addressed by the Government in order to protect the human rights of migrants and their children. He listed some of the most important, along with some preliminary recommendations on how to improve the situation:

Debito.org Exclusive: Full UN Rapporteur Bustamante March 31 press conference on Japan’s human rights Mar 31 2010 downloadable here as a podcast

(Debito.org) TOKYO MARCH 31, 2010 — Dr Jorge A. Bustamante, United Nations Special Rapporteur for the Human Rights of Migrants, gave an hourlong press conference at United Nations Information Center, United Nations University, Japan.

Assisted by the International Organization for Migration and Japan’s civil society groups, Dr Bustamante concluded nine days, March 23 to March 30, of a fact-finding mission around Japan, making stops in Tokyo, Yokohama, Hamamatsu, and Toyoda City. He met with representatives of various groups, including Zainichi Koreans, Chinese, Brazilians, Filipinos, women immigrants and their children, “Newcomer” immigrant and migrant Non-Japanese, and veterans of Japan’s Immigration Detention Centers.

He also met with Japanese government representatives, including the ministries of Education, Foreign Affairs, and Justice. He also met with local government officials in Hamamatsu City (including the Hamamatsu “Hello Work “ Unemployment Agency), the mayor of Toyoda City, and others.

He debriefed the Japanese Government today before his press conference.

The press conference can be heard in its entirety, from Dr Bustamante’s entrance to his exit, on the DEBITO.ORG PODCAST MARCH 31, 2010, downloadable from this blog entry. Duration: One hour five minutes. Unedited. I ask a question around minute 40.

Table of Contents of FRANCA information folder to UN Spec. Rapporteur Bustamante, Mar 23. Last call for submissions from Debito.org Readers.

What follows is the Table of Contents for an information packet I will be presenting Special Rapporteur for the Human Rights of Migrants Jorge A. Bustamante, who will be visiting Japan and holding hearings on the state of discrimination in Japan. Presented on behalf of our NGO FRANCA (Sendai and Tokyo meetings on Sun Mar 21 and Sat Mar 27 respectively).

It’s a hefty packet of about 500 pages printed off or so, but I will keep a couple of pockets at the back for Debito.org Readers who would like to submit something about discrimination in Japan they think the UN should hear. It can be anonymous, but better would be people who provide contact details about themselves.

Last call for that. Two pages A4 front and back, max (play with the fonts and margins if you like). Please send to debito@debito.org by NOON JST Thursday March 18, so I can print it on my laser printer and slip it in the back.

Here’s what I’ll be giving as part of an information pack. I haven’t written my 20-minute presentation for March 23 yet, but thanks for all your feedback on that last week, everyone…

UN: Transcript of the Japanese Government CERD Review (76th Session), Feb 24 & 25, Geneva. Point: Same GOJ session tactics as before.

What follows is the full text of the GOJ’s meeting Feb 24-25, 2010, with the United Nations Committee on the Elimination of Racial Discrimination, something it faces for review every two years.

Media-digested highlights of this meeting already up on Debito.org here.

Although it was noteworthy for having 14 Japanese delegates from five different ministries (something the UN delegates remarked upon repeatedly), quite frankly, the 2010 session wasn’t much different from the previous two reviews. In that: The CERD Committee tells the GOJ to do something, and the GOJ gives reasons why things can’t change (or offers cosmetic changes as evidence that things are changing; it even cites numerous times the new Hatoyama Government as evidence of change, and as a reason why we can’t say anything conclusive yet about where human rights improvements will happen). The 2008 review was particularly laughable, as it said that Japan was making “every conceivable measure to fight against racial discrimination”. I guess an actual law against racial discrimination isn’t a conceivable measure. As the GOJ delegates say below, it still isn’t. But it is according to the CERD Committee below.

In sum, the biannual to-and-fro has become Grand Kabuki. And while things got bogged down in the standard “minority” questions (Ainu, Ryukyuans, Burakumin, and Zainichis — all worthy causes in themselves, of course), very little time was spent on “Newcomer” minorities, as in, the NJ (or former-NJ) immigrants who are now here long-term. People like me, as in racially-diverse Japanese, aren’t seen as a minority yet, even though we very definitely are by any UN definition. Plus, hardly any time was devoted at all to discussing the “Japanese Only” signs extant throughout Japan for many UN sessions now, the most simple and glaring violation of the CERD yet.

I haven’t the time to critique the whole session text below, but you can look at the 2008 session here (which I did critique) and get much the same idea. I have put certain items of interest to Debito.org in boldface, and here are some pencil-dropping excerpted quotes:

UNHCHR CERD Recommendation 30 (2004): UN says Non-citizens equally protected under treaty and domestic law as citizens

Here’s a valuable document I unearthed when doing research yesterday. One of the major arguments put forth by nativists seeking to justify discrimination against minorities (or rather, against foreigners in any society) is the argument that foreigners, since they are not citizens, ipso facto don’t have the same rights as citizens, including domestic protections against discrimination. The GOJ has specifically argued this to the United Nations in the past, repeatedly (see for example GOJ 1999, page down to Introduction, section 3). However, the UN, in a clarification of the Convention on the Elimination of Racial Discrimination, has made it clear that non-citizens are supposed to be afforded the same protections under the CERD as citizens. To quote the most clear and concise bit:
===========================
II. Measures of a general nature

7. Ensure that legislative guarantees against racial discrimination apply to non-citizens regardless of their immigration status, and that the implementation of legislation does not have a discriminatory effect on non-citizens;
===========================
This was issued way back in 2004. I’m reading a transcript of the discussions between the GOJ and the CERD Committee review during their review Feb 24-25 2010 (in which it was referred, and even mentioned granting foreigners suffrage not beyond the pale of rights to be granted). I’ll have the full text of that up on Debito.org tomorrow with some highlighting. Meanwhile, enjoy this gem. Something else for the GOJ to ignore.

SMJ/NGO combined report for UN CERD Committee regarding Japan’s human rights record

The Government of Japan comes under review this month in Geneva by the United Nations Committee on the Elimination of Racial Discrimination. I was invited to submit a chapter for a report to the UN by the NGO Solidarity with Migrants Japan (SMJ) on how Japan is doing with enforcing it.

NGO Report Regarding the Rights of Non-Japanese Nationals, Minorities of Foreign Origins, and Refugees in Japan.

Prepared for the 76th United Nations Committee on the Elimination of Racial Discrimination Session February 2010
Compiled and published by: Solidarity Network with Migrants Japan (SMJ)

CHAPTER 2 Race and Nationality-based Entrance Refusals at Private and Quasi-Public Establishments By Debito Arudou. Page 7

As I conclude:

“In conclusion, the situation is that in Japan, racial discrimination remains unconstitutional and unlawful under the ICERD, yet not illegal. Japan has had more than a decade since 1996 to pass a criminal law against RD. Its failure to do so can only be interpreted as a clear violation of ICERD Article 2(1): “States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay [emphasis added] a policy of eliminating racial discrimination.” We urge the Committee to make the appropriate advisements to the Japanese government to pass a law against racial discrimination without any further delay.”

Enjoy. Let’s see how the UN and GOJ respond. Here’s how the GOJ responded in 2008 — read and guffaw at their claim that they have taken “every conceivable measure to fight against racial discrimination”.

Mainichi: Rwandan Refugee applicant jailed for weeks for not having photograph on GOJ-issued document

Here’s a case of how the GOJ can be incredibly insensitive towards how the J cops police NJ: Not issuing them documents properly just in case they get snagged for Gaijin Card checks:

Mainichi: “A Rwandan man seeking refugee status in Japan has been held in custody for over two weeks, on suspicion of violating the Immigration Control Law.

The office of the United Nations High Commissioner for Refugees (UNHCR) and refugee relief organizations are requesting his release, police said.

The 30-year-old was arrested on Jan. 7 for failing to present valid identification after stopped by local police in the Aichi Prefecture city of Kita-Nagoya, according to his lawyer. He was carrying a copy of the receipt for his refugee status application, but the document was deemed invalid without a photograph.”

This negligence on the part of otherwise thorough policing in Japan is worse than ironic. It should be unlawful — harassing, even incarcerating, otherwise law-abiding NJ just because they got zapped by racial profiling in the first place.

NPA now charging suspect Ichihashi with Hawker murder, not just “abandoning her corpse”. Why the delay?

Now here’s what I don’t get. Ichihashi’s charge has been upgraded from corpse abandonment to outright murder. But why wasn’t it before? What new information has been brought out since his apprehension? Police already knew about the body, the disposed-of hair, the fact that she accompanied Ishihashi to his apartment and was last seen there. And now suddenly his DNA matches bodily fluid found on her corpse. But didn’t the police know all of this before? It’s not as though Ichihashi’s interrogation revealed him admitting any new information (after all, he’s not talking).

Why is it that he gets charged with mere corpse abandonment (something that frequently happens when a NJ gets killed) up until now, whereas if something like this is done to a Japanese victim (as posters with Ichihashi’s fellow murder suspects indicate), it gets a full-blown murder charge? Why the delay until now? I wish I had the information to answer these questions.

Final thing I find odd: Good for father Mr Hawker being tenacious about this case. There are plenty of other murders (Tucker Murder, Honiefaith Murder, Lacey Murder, and Blackman Murder) and assaults (Barakan Assault) of NJ that the NPA and the criminal courts gave up on all too easily. Does the family of the NJ victim have to pursue things more doggedly than the police before the NPA will actually get on it (as they had to do for Lucie Blackman’s killer, and he still got acquitted for it)? It only took the NPA close to three years to get Ichihashi, and that was after a tip from a face change clinic (not any actual police investigation).

Why this half-assedness for crimes against NJ? Sorry, there’s lots of things here that just don’t make sense, and they point to different judicial standards for NJ victims of J crime.

DEBITO.ORG NEWSLETTER OCTOBER 8, 2009

SPECIAL ON THE SAVOIE CHILD ABDUCTION CASE
Table of Contents:
THE STORY BREAKS
1) CNN and NBC TODAY Show: American Christopher Savoie attempts to recover his abducted kids,
is turned away from Fukuoka Consulate, arrested for “kidnapping”
2) CBS EARLY SHOW on the Case
3) US Congressman Chris Smith (R-NJ) calls for action against Japan’s child abductions, introduces legislation to US Congress
4) Brett Weed on US State Dept Human Rights Bureau’s willful ignorance of Japan’s child abduction

THINGS GET MESSY
5) Tokyo Shinbun and Mainichi weigh in on Savoie
6) More media on the Savoie (CNN, CBS, Stars&Stripes, AP, BBC, Japan Times, local TV). What a mess.
7) Court Transcripts of Christopher vs. Noriko Savoie
8 ) My final thoughts on Savoie in Japan Times column (plus more media: WSJ, NYT, CNN)

TRYING TO DISENTANGLE
9) Terrie’s Take offers the best piece yet on the Savoie Case
10) CNN on the upcoming documentary FROM THE SHADOWS re Japan’s Child Abductions issue
11) My Japan Times JUST BE CAUSE Oct 6 column on Savoie and Japan’s “Disappeared Dads” (full text)

12) DEBITO.ORG BLOG POLL: 39% think Christopher did the right thing. But…

… and finally … something lighter
13) SOUR STRAWBERRIES Cinema Debut Oct 10th-30th every day, Cine Nouveau Osaka Kujo

Terrie’s Take offers the best piece yet on the Savoie Child Abduction Case

Terrie’s Take offers the best piece I’ve seen yet on the Savoie Child Abduction Case. Excerpt:

HOWEVER, again, we can only speculate about what really happened, and until the facts are made public, we can probably assume that Savoie was acting logically throughout — in that he was trying to get his soon-to-be ex-wife and kids into a jurisdiction (the U.S.) where the law protects BOTH parents rights and upholds the concept of joint custody. Whether his behavior is cruel or is manipulative is beside the point. Savoie would have known that if his divorce was contested in Japan, he would have been 100% guaranteed to have lost his kids, and would have been at the whim of his wife whether or not he would be able to see them ever again as children…

Since there appears to be little will by the judiciary to change their ways or values, any change in the status quo needs to be a political one — using outside political pressure (“Gaiatsu”). This is a long-term project unfortunately, but it does give us a possible motive why an otherwise intelligent individual such as Savoie may have been driven to try kidnap his kids when such an undertaking would have such a high possibility for failure.

Finally, our take is that what he did is not right, but under the current legal system, it is understandable. We think similar incidents will happen again until things change.

Brett Weed on US State Dept Human Rights Bureau’s willful ignorance of Japan’s child abduction

Brett Weed opens in his letter to the US State Dept regarding omission of Japan’s issues re international child abductions, sent January 14, 2008:

“I believe we are in agreement with regards to the Department of State preparing the annual Country Report on Human Rights Practices. Nevertheless the Department of State annual County Report is not complete according to legislation passed by Congress contained within Section 116(d) & 502(b) of the 1961 Foreign Assistance Act and the Universal Declaration of Human Rights of December 10, 1948. Section 502(b) states: [Such report shall also include, for each country with respect to which the report indicates that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, the extent to which the United States has taken or will take action to encourage an end to such practices in the country.]

“Other omissions of the report are not in accordance with Section 502(b). I noted a few key words you omitted from your October 31st, 2007 Email reply such as: “abduction”. In fact, from the perspective of an internationally abducted child, left-behind parent and specifically by definition contained within Section 502(b), any participating country which allows the abduction of children is in gross violation of internationally recognized human rights. [the term ‘‘gross violations of internationally recognized human rights’’ includes torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, causing the disappearance of persons by the abduction and clandestine detention of those persons, and other flagrant denial of the right to life, liberty, or the security of person]. It also states: [Except under circumstances specified in this section, no security assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of inter-nationally recognized human rights.]

“Please explain what the applicable circumstances are, contained within Section 502(b), that allow security assistance to be provided to Japan, Russia, Saudi Arabia, Philippines, Taiwan and other countries which participate in child abduction in gross violation of internationally recognized human rights…”

Valentine Court Case re police brutality next hearing Tues Oct 6 2:30PM, Tokyo High Court Kasumigaseki

Plaintiff Valentine Support Group: WHO MAY BE THE NEXT VICTIM? Mr. Valentine who was beaten up with a broken knee by the uncovered police officers 4 years ago, is calling on the foreign community living in Japan to attend his next high court trial on 6th. tuesday 2009. By 2:30pm. Venue: Tokyo High court. Kasumigaseki. 8th floor. Room 808.

Why? This Case is very important to attend is because some thing strange is going on with this case. On 6th. tuesday, a DNA professor. Prof Ishiyama. is coming to give his expert opinion about the cause of the broken knee. on behalf of the Tokyo Govt.

We need Justice to be done. Your presence is highly needed. This matter has being going on for 4 years now.