Mainichi/Kyodo: J companies will boost hiring of NJ by 50%! Yeah, sure.

Major Japanese firms are planning to boost hiring of foreign nationals by up to 50 percent of their new recruits in fiscal 2011, officials of the companies said Tuesday.

Fast Retailing Co., the operator of the popular Uniqlo casual clothing chain, major convenience store chain Lawson Inc. and Rakuten Inc., which operates the largest Internet mall in Japan, are planning to recruit foreigners mainly from Asian countries including China, Taiwan and Malaysia, according to the officials.

As they are expanding global operations especially in emerging markets in Asia amid shrinking domestic sales, the three companies are accelerating operations to hire Asian graduates in their home countries and those studying at Japanese universities.

The firms hope to promote them to company executives in the future to lead their operations in the Asian markets, the officials said….

COMMENT: My my, we’ve heard that before. Not just recently in the Asahi last April (where respondents who had been through the hiring process recently smelled tripe and onions; as did the Yomiuri April 2009). We heard this tune back in the Bubble Years too (one of the reasons why people like me came here in the late 1980s). We were made promises that simply were not kept. Remains to be seen, then as now. Just saying it will happen don’t make it so. Feels to me like somebody’s talking up the Japanese job market.

And even if they do hire as many as they say, will they have the smarts to offer them job conditions that will keep them on board? Or will they fall back into the hackneyed practice of assuming that job applicants should just feel grateful for the honor to work for a Japanese company? Hah. I think people are more informed than that nowadays. Opinions?

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)

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”

Kyodo: Twenty-seven foreign nationals who came to Japan for employment under a government-authorized training program died in fiscal 2009, the second worst figure on record, government officials said Monday. The number was the second largest, following the 35 foreign nationals who died in fiscal 2008. This could trigger moves toward revising the government program, first launched in 1993, as a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages.

Separate Kyodo: A labor office in Ibaraki Prefecture will acknowledge that a Chinese national working as an intern at a local firm under a government-authorized training program died from overwork in 2008, marking the first foreign trainee “karoshi” death from overwork, sources said Friday….

COMMENTS: Taste the ironies in these articles. First, how in 2009, the death of 27 “Trainees” (i.e. people brought over by the GOJ who as people allegedly “in occupational training” don’t qualify as “workers” (roudousha) entitled to labor law protections) is only the SECOND worst figure on record. Second, how we have close to a third (as in eight NJ) of the total dying of “unknown causes” (as if that’s a sufficient explanation; don’t they have autopsies in Japan to fix that? Oh wait, not always.) Third, how about the stunning ignorance of the sentence, “a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages”. If the Kyodo reporter had bothered to do research of his media databases, he’d realize it’s hardly “recent” at all. And it’s not being fixed, despite official condemnation in 2006 of the visa regime as “a swindle” and death after death (at a rate two to three per month) racking up. Karoushi was a big media event way back when when Japanese were dying of it. Less so it seems when NJ are croaking from it. Finally, look how it only took about two years for “a labor office” to admit that a NJ “trainee” had been worked to death, given the hours he worked that were a part of the record? Gee whiz, what Sherlocking! How many more people have to die before this exploitative and even deadly system is done away with?

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)

Guardian on benefits of immigration to UK, NW on GOJ’s history promoting anti-racism 90 years ago at League of Nations!

Another Debito.org Reader contributes two poignant articles: One is germane to the recent comments here about whether immigration offers economic benefits to societies (an article in The Guardian in 2007 citing a PriceWaterhouseCoopers study indicates that it has for the UK). Another is an evergreen letter to the editor (which went unpublished) about Japan’s historical record advocating anti-racism 90 years ago in the League of Nations.

Guardian: The flow of migrant workers into the UK has boosted economic growth and helped keep a lid on inflation without undermining the jobs of British-born workers, according to a study released [in February 2007]. The report by accountancy firm PricewaterhouseCoopers enters a vigorous debate about whether immigration has a positive impact on the UK economy. The public finances have also not suffered as a result of the influx of migrant workers, the study finds. Most migrants are aged between 18 and 34 years, with high employment rates compared with their UK equivalents, and therefore benefit payments are low. They also receive comparatively low wages despite their good education and skills levels. Younger workers have fewer dependants and so are unlikely to be an additional burden on public services, the report says.

League of Nations: Discussions for what should be included in the [League of Nations, the precursor to the United Nations] Covenant were not without controversy, notably the following proposal: “The equality of nations being a basic principle of the League of Nations, the High Contracting Parties agree to accord, as soon as possible, to all alien nationals of states members of the League, equal and just treatment in every respect, making no distinction, either in law or fact, on account of their race or nationality.”

Unsurprisingly, Great Britain and its Dominions of Canada, Australia, South Africa and New Zealand saw the proposal as a threat to “white” colonial power and swiftly engineered its rejection … Perhaps surprising, especially to letter writers whose advice to foreign residents with complaints about their lives here is to put up, shut up, or leave, is that the proposal was put forward by Japan’s Foreign Minister Nobuaki Makino.

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)

Claiming workplace harassment is “The Japanese Way” costs Eikaiwa GEOS in NZ NZD 190,000 in court

NZ Herald: The boss of a multi-national English language school in Auckland has been awarded $190,000 after an employment tribunal dismissed claims he was used to being treated “the Japanese way”.

David Page was stripped of his job as regional director of GEOS New Zealand at a conference in 2008 and demoted to head of the company’s Auckland language centre.

In April last year, he was fired by email after being given “one last chance” to make the school profitable.

Page launched an unfair dismissal claim against GEOS, which comes under the umbrella of the GEOS Corporation founded by Japanese businessman Tsuneo Kusunoki.

But the company responded by claiming that Page “accepted understanding of the ‘Japanese way’ of doing business”. They went on to say he was used to Kusunoki “ranting”, “berating” and “humiliating” people “so this was nothing new”.

But the Employment Relations Authority said the company’s failings were “fundamental and profound”.

Member Denis Asher said the final warning was “an unscrupulous exploitation of the earlier, unlawful demotion”. He said: “A conclusion that the ‘Japanese way’ already experienced by Mr Page was continuing to be applied is difficult to avoid.”

COMMENT: GEOS forgot this ain’t a Japanese courtroom where this actually might wash. They lose. Just goes to show you that what are considered working standards in Japan towards NJ (or anybody, really) aren’t something that will pass without sanction in other fellow developed societies. Attitudes like these will only deter other NJ from working in Japanese companies in future. Idiots.

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?”

Matthew Apple on how to take child care leave in Japan. Yes, even in Japan. Sanctioned by the GOJ.

Excerpt: “My child care leave officially started on April 1, 2010, but the process of applying for leave started about half a year prior to that. Technically, I was required to give about one month’s notice before applying for leave, according to the Act on the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave (one of the longest names on record, perhaps?). However, I was asked in November, 2009, by the General Affairs Office of my school to check with my department head for “permission” to take child care leave.

Said permission notwithstanding, the General Affairs Chief promised me at the time that, in the event the Department Head refused or evaded, he was prepared to support me in my claim as to the legality of taking child care leave. Fortunately, it didn’t come to that, and I was given permission to apply for the leave.

At any rate, the conditions of the leave were that I had to be already employed for over 12 months, that I had to be able to continue working at the same company after the leave ended, and that I would not be paid at all during the leave. The last condition hurt; I was even told that not being paid during leave would additionally impact on my retirement pay from the school as well as national pension… Last week, I was further informed that I could receive some financial support from the government to help care for my daughter. The official form is administered by Hello Work (surprisingly), and all funds come from unemployment insurance. Basically, I get 30% of my base salary until my daughter turns one year old, and then six months after I go back to work, I get an additional 20% as a bonus.”

Yomiuri, Terrie’s Take offer thoughtful essays on easing language hurdles for NJ on a tight deadline, such as Filipine or Indonesian nurses

Here is a slew of articles regarding the Japan-Asian countries’ EPA program to import health care workers to Japan, which we have discussed on Debito.org before.

First up, some background FYI on the issue from the Japan Times, then an article by the Yomiuri on the language barrier faced by NJ nurses over here on the nursing visa program — once just Filipinos/Filipinas and Indonesians, perhaps being expanded to Thais and Vietnamese. Then a thoughtful essay by Terrie Lloyd on the prospects of overcoming the language barrier in a decent amount of time. And finally, a Japan Times article calling for a serious revision of the program to give people more time to come up to speed in the Japanese language.

Unsaid (so I’ll say it) is the quite possible goal of setting a hurdle too high in the first place, so that few NJ will qualify to stay longer than three years, and the visa status remains a revolving-door employment program. It wouldn’t be the first time the GOJ has acted in such bad faith towards NJ labor.

Newsweek and NBER on how immigration helps societies, vs separate Newsweek column doubting it

We had two articles come out in Newsweek over the past two months on the effects of immigration. One from last March cites an academic saying how influxes of foreign workers boost economies, raising average incomes (based upon 50 years of data) 0.5% for every percent increase in the workforce that is foreign-born. The other guest column that came out late April cites other academics suggesting the opposite.

My take: I feel that we’ve got some posturing going on. I’m reminded of the movie THE RIGHT STUFF, where we have the character of Werner Von Braun saying that the Americans are going to win the space race against the Soviets because “our German [scientists] are better than their German [scientists]”. Same here, where the April article brandishes its scientists vigorously, throwing in undeveloped citations like rocks (some aimed at “activists” and “multicuturalists” shrouding the debate in phony “half-truths”), and name-dropping academics with insufficient development of the science involved.

Myself, I’ll trust a half-century of data collated in the March Newsweek article, and believe that countries are enriched by immigration. Would anyone argue that places like the United States have NOT benefited through labor migration to its shores? The only issue is of quantifying how much, which the April column in my view hardly accomplishes.

And if proper attraction and assimilation of immigrants is key (which the April article hints at but won’t come out and say plainly), then the argument once again supports those half-truthy “multiculturalists” and their purportedly phony solutions.

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?”

Sunday Tangent: Racial profiling of immigrants becomes legal in Arizona. However, controversy ensues.

I have been hearing word from several sources about the new draconian laws being enacted in Arizona to catch illegal migrant workers, including legally-sanctioned racial profiling, and stopping people on the street for ID checks. Many have said that it seems Arizona has taken a page out of the GOJ’s handbook for dealing with NJ in Japan. The difference, however, is that 1) the US dragnet is (necessarily) a coarser mesh (as Japanese authorities have a wider view of who doesn’t “look Japanese”, since anyone can “look American” and more sophistication is needed over there), and 2) it’s caused a level of controversy that has never happened in Japan (imagine street protests to this degree, even a J prime minister denouncing it?).

I believe it’s only a matter of time (and it will take some time) before the Arizona authorities stop the wrong person on racial grounds, other American laws kick in to protect people against racial discrimination, and American courts rule this Arizona law unconstitutional. Wait and see.

That just ain’t gonna happen in Japan for obvious reasons: We ain’t got no legal sanctions against racial discrimination, let alone this degree of people caring for the human rights of foreigners.

Saturday Tangent: Tokyo Shinbun: Fussa City bureaucrat blames NJ residents for more children’s cavities!

It’s been pretty knee-jerk this past decade to blame NJ (or just plain multiculturalism) for anything that’s allegedly going askew in Japan. Things I’ve seen blamed on NJ and their “cultural differences” (no doubt you know most of these): Bathhouse altercations, crime, terrorism, infectious diseases, unemployment, neighborhood deterioration, bad smells in both neighborhoods and schools, divorces, DV, drugs, guns, prostitution, unpaid bills (including phone and restaurant), AIDs, youth crime, irregularly colored hair, improper garbage disposal, low J crews on Japanese ships, sports uncompetitiveness, lack of Olympic medals, uncertified sushi, Japan’s low English ability, national security in the SDF, and the potential carving up of Japan as a nation.

But I gotta admit, I’ve never seen oral hygiene — as in more cavities — pinned on NJ before! Read on.

Case study about university contract termination of NJ reversed due to getting a lawyer

Guest writer: This past December, just before winter vacation, the owner of the college where I teach called me into his office and announced in no uncertain terms that in 3 months, at the end of March, I would be fired. After 24 years working for the school, with hardly any advanced warning, I was to be among the unemployed, and at an age (56) when it would be all but impossible to find a similar position in Japan.

The owner, not so generously, said he would allow me to continue as a part-timer at the bottom of the pay scale, with a loss of health care benefits, at an income which, unless I came up with something to supplement it, would impossible to live on. In addition, he made it a point to explain, though I might have thought I was fulltime, for the first 5 years, (when I taught at both his high school and college) I actually was a part-timer, and that I could expect my retirement package to reflect it…

As I believe that the circumstances I describe might apply to any number of foreign workers in Japan, I am writing in the hope you might gain from some of my mistakes. First of all, verbal agreements mean nothing. Insist on getting those promises in writing. When I interviewed for my job at the high school, there were three people in the room, but 24 years later, two of them are dead, and the only person who might verify my story is the man I had to take to court.

If you believe in labor unions, better join up before you encounter any problems. Or if you do try joining a labor union, don’t let them know of your predicament, or else they will have nothing to do with you. (I couldn’t even get them to recommend a lawyer.) Basically labor union resources are reserved for members of long standing who have paid their dues…

Finally, and most important of all, get a lawyer. I simply would have been a dead man without one. I was lucky enough to have a friend recommend one to me, and still luckier that he was willing to go to court. It never seemed to even occur to my boss that I would or could litigate. I had already received notice, the court date was set, and I was meeting with my lawyer. It was March 30th and one day from termination, when I got a fax from my school’s lawyer rescinding it. I’m back at work now as if nothing happened, though who is to say whether or not I won’t go through the same hell again next year.

Asahi: J companies abandoning old hiring and promotion practices, offering NJ employees equitable positions (seriously, that’s what they say!). Come again?

Here’s something that goes against common experience and common sense: The Asahi claiming that more major Japanese companies are hiring NJ more equitably. As in, they’ll be leaders in a quarter-century or so. Yeah, I heard that back in the Eighties during the “Kokusaika Boom”, when I too was hired at Japanese companies to help with companies “internationalization”, and got out real quick when I realized it was fallacious. What do others think? Have things changed? I have included some posts below from The Commnity talking about this, and they seem to disagree with the Asahi.

Asahi: With overseas markets increasingly seen as the key to their survival, Japanese companies are adopting a more “international” look at home involving changes that would have been unheard of years ago.

Long-held practices in hiring have been scrapped, as have limits on positions available to non-Japanese at the companies’ head offices in Tokyo and other Japanese cities.

Methods of communication have shifted as foreigners take on increasingly important roles in devising strategy for overseas sales.

The employment of Lee Guanglin Samson, a 29-year-old Singaporean, is one example of how electronic appliance maker Toshiba Corp. is evolving.

“Judging that a more global use of human personnel is necessary, we decided not to use Japanese-language abilities as a requirement for employment,” said Seiichiro Suzuki, head of Toshiba’s personnel center. “Those whom we want are people who will be able to become leaders of business divisions 25 years later.”

Comment from a job interviewee: Had two interviews at two major Japanese companies about two months ago (Nitori, the “home fashion” store found throughout Japan, and Zensho, the company behind Sukiya and family restaurants, 3rd largest food company behind McDonalds and Skylark). I got “we don’t think a foreigner can handle the intense Japanese work environment” from both, Nitori in particular narrowed it down from “foreigner” to “Americans,” saying that it’s not likely I’d be able to keep up, and even if I did, I would just get burned out, because that’s just how Americans are.

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

A personal hero, Chong Hyang Gyun, retires her nursing post at 60

Although I like to devote Mondays to “bigger news”, I’d like to take this day to salute a personal hero of mine, former nurse Chong Hyang Gyun, a Zainichi Korean who, like any other qualified civil servant in Japan, expected to be promoted commensurate with her experience and dedication.

But not in Japan. She in 1994 was denied even the opportunity to sit the administrative civil service exam because, despite her being born in Japan, raised in Japan, a native speaker of Japanese, and a taxpayer in and contributor to Japan like any other, she was still, in the eyes of the Tokyo Metropolitan Government, a “foreigner”, therefore not to be trusted with administrative power over Japanese (the old “Nationality Clause”, kokuseki joukou, struck again).

So she sued for the right to sit the exam nearly twenty years ago. Over more than ten years she lost, won, then ultimately lost in the Supreme Court, which, in a landmark setback for civil rights and assimilation, ruled there was nothing unconstitutional in denying her the right to chose her occupation and employment opportunities.

Now she’s retired as of April 1 (although rehired and working fewer hours). I’m just grateful that she tried. Some occupations are completely denied to NJ, including public-sector food preparation (for fear that NJ might poison our bureaucrats) and firefighting (for fear that NJ entering Japanese houses and perhaps damaging Japanese property might cause an international incident), that it becomes ludicrous for NJ to even consider a public-service job in Japan.(*) Especially if the “glass ceiling” (in fact, an iron barrier, thanks to the Supreme Court) means you can never reach your potential. The Chong-san Case made that clear, to Japan’s shame.

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.

Mar 27 2010 NGO FRANCA Tokyo meeting minutes

Here is an abridged version of the NGO FRANCA (Foreign Residents and Naturalized Citizens Association) minutes I sent out today, regarding our exceptional Tokyo meeting last night in International House, Roppongi. It was a full house, with fifteen attendees, four of whom became dues-paying members. People attending were from a variety of backgrounds, from corporate to techie to journalist to academic to relative newcomer.

We got a lot discussed. We had so many voices describing their experiences in Japan (from employment issues to bike and passport checks to child abductions to domestic politics) that it was difficult to get through my powerpoint! (I did, and you can download it revised at https://www.debito.org/FRANCA.ppt.

We added to the list of possible FRANCA future projects:

Sunday Tangent: Japan Times on staggering the Golden Week holidays across the archipelago

Japan Times: A Japan Tourism Agency panel headed by Vice Land, Infrastructure, Transport and Tourism Minister Kiyomi Tsujimoto is currently discussing ways to divide the nation into five different zones whose Golden Week holidays would be staggered by zone. The panel is also calling for the creation of a five-day holiday in the autumn — a so-called Silver Week — that would again be staggered by region and spread over five different periods.

In one of the two proposals on the table, Golden Week and Silver Week would be spread over five weeks, instead of one week; while the other proposal would, more confusingly, see the five zonal Golden Week and Silver Week periods overlapping each other a little to occupy a total span of 2 1/2 weeks each.

The agency’s logic goes like this. If people travel at different times, the yawning gap in travel costs between the peak and off-peak seasons would become smaller, making tourism affordable for more people. Tourists would also likely enjoy their vacations more, as they would experience less frustrationg congestion, and so they would feel more inclined to travel more frequently and thus end up pumping more money into the tourism-related sectors of the economy. This would also help to stabilize the employment of people working in these sectors.

UN CERD Recommendations to GOJ Mar 2010 CERD/C/JPN/CO/3-6, takes up our issues well

The United Nations Convention on the Elimination of Racial Discrimination (CERD) Committee just issued its latest recommendations to the GOJ on March 16, stating what Japan should be doing to abide by the treaty they effected nearly a decade and a half ago, in 1996.

Guess what: A lot of it is retread (as they admit) of what the CERD Commitee first recommended in 2001 (when Japan submitted its first report, years late), and Japan still hasn’t done.

To me, unsurprising, but it’s still nice to see the UN more than a little sarcastic towards the GOJ’s egregious and even somewhat obnoxious negligence towards international treaties. For example, when it set the deadline for the GOJ’s answer to these recommendations for January 14, 2013, it wrote:

UN: “Noting that the State party report was considerably overdue, the Committee requests the State party to be mindful of the deadline set for the submission of future reports in order to meet its obligations under the Convention.”

Again, some more juicy quotes, then the full report, with issues germane to Debito.org in boldface. Arudou Debito in Sapporo

===========================

7. The Committee notes with concern that insufficient information regarding the concrete measures for the implementation of its previous concluding observations (2001) was provided by the State Party and regrets their overall limited implementation as well as that of the Convention as a whole.

9. The Committee notes the State party’s view that a national anti-discrimination law is not necessary and is concerned about the consequent inability of individuals or groups to seek legal redress for discrimination (art. 2). [meaning under current Japanese law, FRANCA cannot sue the Sumo Association for its recent racist rules counting foreign-born sumo wrestlers as foreign even if they naturalize. Nor will Japan allow class-action lawsuits. The UN says this must change.] The Committee reiterates its recommendation from previous concluding observations (2001) and urges the State party to consider adopting specific legislation to outlaw direct and indirect racial discrimination…

13. […] The Committee reiterates its view that the prohibition of the dissemination of ideas based upon racial superiority or hatred is compatible with freedom of opinion and expression and in this respect, encourages the State party to examine the need to maintain its reservations to article 4 (a) and (b) of the Convention with a view to reducing their scope and preferably their withdrawal. The Committee recalls that the exercise of the right to freedom of expression carries with it special duties and responsibilities, in particular the obligation not to disseminate racist ideas and calls upon the State party once again to take into account the Committee’s general recommendations No. 7 (1985) and No. 15 (1993)…

14. […] the Committee reiterates its concern from previous concluding observations (2001) that discriminatory statements by public officials persist and regrets the absence of administrative or legal action…

22. (b) […] the principle of compulsory education is not fully applied to children of foreigners in the State party in conformity with articles 5 (e.v) of the Convention; 28 of the Convention on the Rights of the Child; and 13 (2) of the Convention on Economic, Social and Cultural Rights, all of which Japan is a party;

24. The Committee expresses its concern about cases of difficulty in relations between Japanese and non-Japanese and in particular, cases of race and nationality-based refusals of the right of access to places and services intended for use by the general public, such as restaurants, family public bathhouses, stores and hotels, in violation of article 5 (f) of the Convention (art. 2, 5).

The Committee recommends that the State party counter this generalized attitude through educational activities directed to the population as a whole and that it adopt a national law making illegal the refusal of entry to places open to the public.

29. The Committee encourages the State party to consider making the optional declaration provided for in article 14 of the Convention recognizing the competence of the Committee to receive and consider individual complaints.

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.

Emily Homma on Filipina nurses in Japan being abused by GOJ EPA visa program

Emily Homma reports: “EPA Foreign Nurses and Caregivers Working in Japan Urgently Need Help

The Economic Partnership Agreement of Japan (EPA) with other countries, especially with the Philippines (JPEPA), has placed many Filipino nurses and caregivers working in Japan in a miserable situation where they are subjected to unfair labor practices, extreme pressure to study kanji, and poor salaries.

When they arrived in Japan in May 2009, the Filipino nurses and caregivers were glad to be finally given the opportunity to serve Japanese society as hospital workers. However, after only six months of Nihongo study and three months of hospital work in hospital, the Filipino nurses along with their Indonesian counterparts have been suffering from various hardships not only from unfair work policies, low salaries, and local workers’ rejection but also from strong pressure to master medical-nursing kanji and the Japan nursing system. It is a system that, unfortunately for the foreign workers, only those with high level-Grade 12 Japanese training or nursing graduates could understand.

Specifically, the Filipino nurses find themselves in the following extremely frustrating situations that leave them no choice but contemplate leaving Japan soon:…

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”.

Tangent: LA Times: “Korea activists target foreign English teachers”

Creepy LA Times article on vigilante Korean otaku group stalking “English teachers”: “The volunteer manager of a controversial group known as the Anti-English Spectrum, Yie investigates complaints by South Korean parents, often teaming up with authorities, and turns over information from his efforts for possible prosecution.

Outraged teachers groups call Yie an instigator and a stalker.

Yie waves off the criticism. “It’s not stalking, it’s following,” he said. “There’s no law against that.”

Since its founding in 2005, critics say, Yie’s group has waged an invective-filled nationalistic campaign against the 20,000 foreign-born English teachers in South Korea.

On their website and through fliers, members have spread rumors of a foreign English teacher crime wave. They have alleged that some teachers are knowingly spreading AIDS, speculation that has been reported in the Korean press…”

DEBITO.ORG NEWSLETTER FEBRUARY 1, 2010

Table of Contents:
PROMISES OF REFORM
1) Asahi: MOJ & MEXT crafting “point system” for immigration policy
2) Asahi: Nagoya to withdraw from Juki Net system, while dogs (not NJ) get juuminhyou
3) Japan Times on proposal to convert Itami Airport into “International Campus Freedom City”
(Plus DEBITO.ORG POLL: What do you think about Osaka Gov’s proposal to scrap Itami Airport and create a “International Campus Freedom City”?”

THINGS THAT NEED REFORM
4) Racist statements from Xenophobe Dietmember Hiranuma re naturalized J Dietmember
5) Japan Times Colin Jones on anachronistic Koseki System, how lack of family laws affect J divorces
6) Why we fight: Media on J birth rate decrease and population decline acceleration
7) Taikibansei & Cabby on mixed experiences of visa treatment depending on location of Immigration Office. What about others?
8 ) Japan Times Amy Chavez comes unglued with weird “Japan Lite” column: “How about a gaijin circus in gazelle land?”
9) Momoyama Gakuin Daigaku blocks online campus access to Debito.org. Just like Misawa Air Force Base.

TANGENTS
10) Economist article excerpt on being foreign worldwide
11) Gallup Poll says 700 million desire to migrate permanently
12) Economist passim on “Global Creativity Index”, which ranks Japan over USA in terms of creativity
13) On the 15th anniversary of the Kobe Earthquake: My first activism in Japan: Eyewitness essays when I volunteered down there
14) Tidy free FCCJ Scholarship up for grabs, deadline Feb 15

… and finally …
15) DEBITO.ORG PODCAST FEBRUARY 1, 2010 (from Debito.org and iTunes)

Japan Today article on naturalized former-NJ politicians in Tsukuba, Inuyama, and Parliament

On a happier note for a change, here’s an article from Japan Today on naturalized former NJ who have been elected to Japanese political bodies. Well done them, and it’s nice to have a kind word for them (as opposed to racists like Dietmember Hiranuma Takeo, dissing former-NJ Dietmember Ren Ho recently for her foreign roots; I’ll be devoting my next Japan Times JUST BE CAUSE column to that nasty little incident, out next Tues Feb 2). PS: Jon Heese has commented to Debito.org before, twice, as has Tsurunen Marutei. And of course, Anthony Bianchi has been prominently featured here as well. Links enclosed.

Sunday Tangent: Economist (London) passim on “Global Creativity Index”, which ranks Japan over USA in terms of creativity

In their bumper Xmas Issue last year, The Economist had a number of (as usual) interesting articles. Here’s another, about what makes America attractive as a destination for immigration.

The part that I’ll excerpt from concerns how countries attract talent and creativity, citing an odd survey called the “Global Creativity Index” created by a Richard Florida. The Economist notes, “The index combines measures of talent, technology and tolerance. America comes fourth, behind Sweden, Japan and Finland,”, then picks apart the methodology that would put Japan as more tolerant to people from elsewhere than the US (and Finland, which also has a very low percentage of foreigners). Given the revolving-door labor market (here and here) and the trouble NJ in Japanese universities have getting favorable study conditions and domestic employment afterwards (here and here), one wonders if this celebrity researcher has ever lived or worked overseas much.

Asahi: MOJ & MEXT crafting “point system” for immigration policy

In a move that may be heralding the fundamentals of an actual Japanese immigration policy (something I was told back in November the DPJ was not considering), the primary ministries in charge of bringing in, registering, and policing NJ (traditionally MOJ, MEXT, and MHLW) are apparently beavering away at a “points system” for allowing in people with a skill set, modeled on other countries’ immigration policies. On the other hand, people who have gotten preferential visa treatment in the past (by dint of having Japanese blood and not necessarily much else) are going to see their opportunities narrow (they’ll have higher hurdles and be tested on their acculturation).

I might say this is good news or a step in the right direction (if you want an immigration policy, it’s good to say what kind of immigrants you want), but it’s too early to tell for two reasons: 1) We have to see how realistic this “points list” is (if it’s even made public at all; not a given in Japan’s control-freak secretive ministries) when it materializes. 2) There still is no accommodation for assimilation of peoples (I don’t see any Japanese language courses, assistance with credit and housing, faster tracks to naturalization, and heaven forbid anything outlawing NJ discrimination!). Just a longer tenure for you to make your own ends meet without being booted out after three or so years.

Given the GOJ’s record at designing policies that make Japan’s labor market pretty hermetic (including ludicrous requirements for Permanent Residency, unreasonable “up-or-out” hurdles for NJ such as health-care workers, and bribes to send unwanted workers “home”), at this stage I don’t see how this is necessarily anything different from the “revolving door” labor market pretty much already in place, except with higher value-added workers this time.

Yomiuri: Scriveners aid illegal marriages, work

Hi Debito: OK, this is good:

“Yomiuri: Scriveners aid illegal marriages, work”

I assume that the clerks in question are going out of their way to assist foreigners in obtaining residency permits (even to the point of placing ads in newspapers) due to bribery (as opposed to benevolence), and that this behavior is motivated by said clerks’ cognizance of loopholes in the immigration control law.

If so, then there’s nothing less than a government-backed residency permit black market at work, which, I might add, shows no signs of going away — a simple to fix the problem would be to amend the immigration control law to punish the clerks as needed, but is that what’s happening? No. Instead the issue is being given superficial treatment…

UN CERD Questions to GOJ re elimination of racial discrim (CERD/C/JPN/Q/3-6 Nov 17 2009, Advance Unedited Version)

Here’s the United Nations CERD Committee giving the Japanese Government its due for its Third through Sixth Report (Japan is supposed to submit a report, on what it’s doing to eliminate domestic racial discrimination, every two years since it became a Signatory in 1996. That should be a total of six times by now; however, it has only submitted twice so far, lumping them together. Hazukashii). These are questions the UN wants answered before its periodic review of Japan in February of next year. Have a look.

We activists have already readied our counterreports for submission to the UN (I was asked some weeks ago to cover refusals of NJ by businesses; I handed in an 800-worder, which I’ll have up here in due course). Let’s see how the GOJ tries to squirm out of it this time (see last time and the time before that here).

DEBITO.ORG NEWSLETTER NOVEMBER 9, 2009

Table of Contents:
YET EVEN MORE ON CHILD ABDUCTIONS
1) 22 US Senators sign letter for Obama to address Child Abductions Issue during Japan visit
2) AOL on Child Abductions and child retriever Gus Zamora, letter to Debito.org from Gus
3) Open Letter to Pres. Obama re Nov 12 Japan Visit and Child Abductions from Left-Behind Parent
4) Sauce for the gander: Czech national abducts his child of J-NJ marriage; MOFA “powerless w/o Hague”

UNFINISHED BUSINESS
5) Ichihashi Tatsuya, suspect in Hawker murder, according to NPA has new face after plastic surgery
6) Japan Focus: Lawrence Repeta on DPJ and Ministry of Justice: fundamental reforms at last?
7) NYT on South Korea dealing with racism: Prosecutors spring into action. Contrast.
8 ) Greg Goodmacher’s EFL textbook on NJ issues: Why aren’t there more like these?
9) Asahi and Mainichi: J Supreme Court rules against Nationality Clause for employment in judiciary

BLOWBACK
10) NHK’s lingering bias favoring the opposition LDP. Anyone else noticing this?
11) Eyewitness report of Shinjuku’s overreaction to NJ Hallowe’en revelers on Yamanote
12) Fallout from “The Cove”: TV’s “South Park” takes on Japan’s dolphin slaughters and whale hunts

SOME STUFF I’M GETTING UP TO
13) DEBITO.ORG PODCAST OCTOBER 31, 2009
14) My Thurs Nov 5, Sapporo Gakuin Dai speech “Legal Equality for NJ Residents” (download Japanese Powerpoint)
15) “Lifer” Cartoon in SAPPORO SOURCE: “Things to do in Hokkaido”
16) New Debito.org Poll: “What are the TOP THREE things you think the DPJ should do policywise for NJ in Japan?”

… and finally …

17) Japan Times JUST BE CAUSE column: “Demography vs. Demagoguery” (full text)

Japan Times JUST BE CAUSE column: “Demography vs. Demagoguery”

Japan Times column: Thus “immigration,” like “racial discrimination” (JBC, June 2), has become another taboo topic. One must not mention it by name, especially if you represent a government-funded think tank.

Then, when you have whole branches of government studiously ignoring the issue (even though last June the Health Ministry proposed training for companies to hire more foreigners, the former Aso Cabinet wouldn’t consider immigration as one of its top five priority plans), we can but say that the ostrich is in full burrow mode.

This is why I’m having trouble seeing any public policy — from the Nikkei workers being bribed to go home after two decades of contributions, to the proposed imports of Indonesian and Philippine nurses — as anything more than yet another “active use of the foreign working labor population.” Or, more honestly put, programs exploiting revolving-door employment regimes.

How seriously can we continue to tempt foreigners with the promise of a life in Japan in exchange for the best years of their labor productivity, only to revoke their livelihoods and pension contributions at the first opportunity, blaming globalization’s vicissitudes?

DEBITO.ORG NEWSLETTER OCTOBER 31, 2009

Table of Contents:
CHILD ABDUCTION ISSUE STILL HAS LEGS
1) Letter from US Senators Boxer and Corker to Obama re Child Abductions, for his Nov 12 visit to Japan
2) Joint statement by eight governments re Japan’s untenable stance on international child abductions
3) Global Post’s Justin McCurry on Savoie Child Abduction Case. Issue isn’t passe yet.
4) Letter to Prime Minister Hatoyama regarding Child Abductions and legislative lag, from a Left-Behind Parent
5) MSNBC.com/AP on left-behind dads in Japan regardless of nationality

FALLOUT FROM ISSUES OF LABOR, HISTORY, IMMIGRATION, DOLPHIN AND OTHER SLAUGHTERS
6) Mainichi: Numerous foreign trainees forced to work under harsh conditions in Japan, even to death
7) Mainichi: Chinese trainees file complaint with labor bureau over 350 yen per hour overtime
8 ) Sakanaka Hidenori’s latest paper on assimilation of NJ now translated into English, full text
9) Economist.com BANYAN column on DPJ moves to right historical wrongs
10) Fallout from “The Cove”: TV’s “South Park” takes on Japan’s dolphin slaughters and whale hunts
11) Tangent: Microsoft apologizes for photoshopping out black man from its Poland advertising. Contrast with “Mr James”
12) Tangent: Japan Times reporter Eric Johnston on getting freelance reporting jobs in Japan
13) Tokyo International Players present “Honiefaith”, true story of NJ murder, Nov 6-7-8 in Shibuya’s OUR SPACE Theater
14) New Debito.org Poll: “What should be the DPJ’s NUMBER ONE priority policy for helping NJ in Japan?”

… and finally …
15) My next Japan Times JUST BE CAUSE column Tues Nov 3 on Japan politicization of demographic science

Mainichi: Numerous foreign trainees forced to work under harsh conditions in Japan, even to death

Mainichi: The Justice Ministry has confirmed that a record 452 companies and other organizations that accepted foreign trainees were involved in illegal practices last year. About 60 percent of them involve violations of labor-related laws, including unpaid wages and overtime allowances.

A survey conducted by the Japan International Training Cooperation Organization (JITCO) has found that a record 34 trainees died in fiscal 2008. Nearly half, or 16 of them, died of brain and heart diseases that are often caused by long working hours. Experts say that there is a high possibility that they died from overwork.

With the amendment to the Immigration Control and Refugee Recognition Law, labor related laws, which had applied to foreign trainees from their second year, now apply to those in their first year of training. As a result, it is now guaranteed that foreign trainees can sign proper employment contracts with their employers, just like Japanese workers.

The government is poised to revise its regulations to inspect companies that accept foreign trainees at least once a month to see if their working conditions are legal as well as stiffen penalties for businesses involved in illegal labor practices and strictly examine the terms of contracts between foreign trainees and employment agencies in their home countries.

However, support groups question the effectiveness of these measures, pointing out that many of those in their second year of training are subjected to illegal labor practices.

Tangent: Microsoft apologizes for photoshopping out black man from its Poland advertising. Contrast with McDonald’s Japan “Mr James”

Bit of a tangent but not really. Here’s what happens when another multinational apparently caters to “regional sensibilities” — this time Microsoft photoshopping out an African-American in one of its ads to cater to a Polish audience.

Contrast with “Mr James”. We see none of the cultural relativity that the whole McDonald’s Japan “Mr James” issue got (or even claims of “just-deserts” from certain parties). And Microsoft even apologizes — something McDonald’s Japan has steadfastly refused to do (and still runs the “Mr James” campaign to this day; fortunately it finishes shortly). Any theories behind the difference?

DEBITO.ORG NEWSLETTER OCTOBER 22, 2009

Table of Contents:
MORE ON THE SAVOIE CHILD ABDUCTION CASE
1) CBS News interviews Chris Savoie after his return to US
2) Joseph pieces together plausible timeline in Savoie Case, finds for Christopher
3) Colin Jones in Japan Times: What the media attention from Savoie Child Abduction Case highlights
4) Colin Jones II: How J media is portraying J divorcees and child abductors as victims, NJ as perps
5) Asahi Shinbun Editorial: Child abduction in Japan, English Translation tweaks for NJ audience
6) CSM’s Kambayashi ties up Savoie Case, alludes to gender discrimination
7) The Atlantic Monthly on mercenary child-retrievers, mentions Japan
8 ) Foreign Policy.com: US Govt advised Chris Savoie to get children to Fukuoka Consulate! Plus lots more media.
9) The Toland Child Abduction Case: making waves in the wake of the Savoie Case
10) Wiegert Case of child custody awarded to NJ: In 1984! A precedent, anyway.

ASIDE FROM THE SAVOIE CASE
11) YouTube: right-wing xenophobia: rightists resort to street violence to shut people up
12) Query: Driver License schools now checking NJ visas? (UPDATE: Also Postal Savings)
13) Reuters on skater Yuko Kawaguchi: How Japan’s lack of dual nationality brands her a “traitor”
14) Sunday Tangent: China Daily on Chinese African-American girl facing racism in China
15) JK: recent moves by Japan’s Immigration Bureau that seem like loosening but not really
16) Tangent: Japanese family wants to become naturalized Korean citizens
17) McDonald’s “Mr James” in Shuukan Kin’youbi — the only Japanese press coverage the issue got
18) Contacting San Fran Human Rights Comm re Japan Times letter to the editor from exclusionary landlord

… and finally …
19) Presentation at Japan Writer’s Conference Sat Oct 17, Doshisha Women’s Univ.
On how to write quickly, concisely, and with panache (link to handout)

Wiegert Case of child custody awarded to NJ: In 1984! A precedent, anyway.

I received this yesterday, and am forwarding this with permission, from a person by the name of James Wiegert, who tells his story of how he received custody of his then 8-year-old son from a Japanese court a quarter century ago as a NJ.

He points out a number of mitigators — the clear and present unreasonableness of the mother (who first said he could have custody and then took it back), his gainful employment in a major company in Japan (and generous offer of a settlement to her), and the fact the son could only have US citizenship (i.e. could only have the citizenship of the father, which was the law at the time),

His wife did receive visitation rights, which Mr Wiegert allowed to be enforced.

Although this case is to me the exception that proves the rule (even he says he’s not sure why he was granted custody), there is indeed a legal precedent for allowing NJ to get custody in court. I hope that NJ parents in proceedings can cite this in order to tip the overwhelming one-sided judicial scales a little more in their favor.

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…”

General Union: City govt seizes assets of NJ worker whose employer refused to pay for Shakai Hoken (Terrie’s Take and Japan Times articles too)

Here we have a case of how NJ can be hurt by careless Immigration decisions. The upcoming requirement for all NJ to be enrolled in health insurance (shakai hoken), or else no visa granted, has been created without necessarily requiring negligent employers to pony up themselves. As usual it’s punishing the powerless.

Now, according to the Fukuoka General Union, we have a case where the GOJ is seizing a NJ’s assets (not the negligent employer’s) for non-back-payments that the employer should have handled. Read on. A recent Terrie’s Take is also included below for more background information. And a Japan Times Zeit Gist column came out on this only yesterday — describing how half-baked the policy process and probable implementation has been!

Former PM Aso’s last mail magazine: still a sore loser

I am convinced that I have made the right
decision to prioritize policy over politics.

I am also confident that I have advanced the correct policies on
the North Korean issue, the fight against terrorism, and measures
to counter piracy, with an aim to safeguard the nation and the
people.

However, my inadequacy led to this result. I offer a frank apology
and take sincere heed of the people’s voice, determined to make
a fresh start. Safeguard what must be safeguarded. Reform to
safeguard what must be safeguarded. Change what must be changed.
This is the essence of conservative politics.

San Francisco Chronicle on McDonald’s Japan “Mr James” campaign, and similar ethnically-insensitive sales campaigns overseas

SF Chronicle: “What’s the matter [with this depiction]? Put the shoe on the other foot,” wrote foreigner-rights advocate Debito Arudou (nee David Ardwinckle) [sic] in a column for The Japan Times. “Imagine McDonald’s, a multinational that has long promoted cultural diversity, launching a McAsia menu in America, featuring a deep-bowing, grimacing Asian in a bathrobe and platform sandals saying, ‘Me likee McFlied Lice!’ or, ‘So solly, prease skosh honorable teriyaki sandrich?'”

McHatin’ It

Of course, in the past, McDonald’s has essentially done just that. During last year’s Olympics, it unveiled a commercial featuring two Chinese kids engaged in high-flying wire-fu combat in an ancient temple, dueling it out with fists and feet and chopsticks over the last McNugget in the pack.

Seeing that ad brought back memories of McDonald’s limited-edition “Shanghai” Chicken McNuggets, which briefly appeared on menus back in 1986. Served in a red takeout box stamped with cartoon-Chinese lettering, they came with a fortune cookie, chopsticks and three absurdly non-Shanghainese dippings: “duck sauce,” hot mustard and … teriyaki sauce.

Worst of all, to complete the pseudo-Sino experience, the chain’s employees were forced to wear conical McCoolie hats — a bit of irony given their minimum-wage status — while commercials ended with mascot-clown Ronald McDonald throwing a karate chop to faux Asian music.

Lame, ignorant campaigns like this one may seem innocuous. But they give people license to mock and exclude people based on racial or cultural difference, which in turn can lead down a slippery slope to more troubling outcomes…

Interview with the Berlin Institute for Population and Development

INTERVIEW WITH THE BERLIN INSTITUTE FOR POPULATION AND DEVELOPMENT:

Q: But if Japan decides it does not want or need immigrants – what is wrong with that?

ARUDOU: Because it doesn’t reflect reality. We have had a UN report that stated, at least one Prime Minister who acknowledged, and several important domestic organizations who admitted, that Japan needs immigration. Now. Our society is aging and our tax base is decreasing. We are on the cusp of a demographic nightmare, a future with a society that cannot pay or take care of itself. Either way, people will come here, even if it means they find an enfeebled or empty island to live in. Might as well do it now while we have more energy and choices.

The people who represent us or make decisions for us are not necessarily that receptive to understand that people who appear to be different are not a threat. We cannot expect them to lead us to a world they cannot envision. It’s our country, too…

Yomiuri: UN set to criticize Japan for lack of gender equality and flawed marriage law (read: child abductions after divorce)

Yomiuri describes the political business as usual regarding another facet of human rights in Japan:

A legislator-sponsored bill calling for a revision of the Civil Code in response to CEDAW recommendations has been repeatedly presented to the Diet. But the bill that would delete provisions that discriminate against women has been scrapped every time without in-depth deliberation.

Japan’s failure to ratify the Optional Protocol on the convention on the elimination of discrimination against women also is being questioned by the international community.

The protocol stipulates that a mechanism should be put in place that would allow individual women who have exhausted legal and other avenues available within Japan to report directly to CEDAW to ask them to inquire into alleged human rights violations against them.

As Japan has been repeatedly urged to ratify the protocol, government ministries and agencies concerned have been studying the wisdom of doing so.

However, with many politicians expressing wariness about signing a protocol they say might come into conflict with the principle of independence of the nation’s judiciary, no earnest discussions have yet to take place in the political arena.

DEBITO.ORG NEWSLETTER JULY 25, 2009

IMPORTANT DEVELOPMENTS AND DEBITO.ORG READER REPORTS
1) Naturalized J citizen Jiei stopped by Osaka cops for Gaijin Card Check. Shitsukoidom ensues
2) JIPI book on “The Concept for a Japanese-Style Immigration Nation”, by Sakanaka Hidenori
3) Discrimination at Ernst & Young ShinNihon LLC, report by Roy Choudhury
4) On the cannibalistic NJ labor market in Japan: short essay
5) A spate of Debito.org-related news links, on PR, visas with kids, NJ unemp insurance, and Roppongi drink spiking
6) Greenmailing and Bloat within Japan’s Bio-Gas market, by James Eriksson

UPDATES
7) Japan Times, NHK, Terrie’s Take & Mainichi on Japan’s child abductions from broken marriages, and Hague Treaty developments
(complete with heavily-biased news segment from NHK)
8 ) Launching websites: youtube human rights, and Childrens’ Rights Network Japan
9) IHT/Asahi on Japan’s reticence to sign Hague Treaty on Child Abduction
10) UN NEWS: UN expert calls on Japan to boost action in combating human trafficking
11) Murder suspect Ichihashi’s reward upped to 10 million yen
12) Kyodo: Resident NJ numbers rise yet again in 2008, according to MOJ

BRIGHT SHINY THINGS
13) Review of documentary SOUR STRAWBERRIES in Kansai Scene July 2009, September Road Show
14) Aso Cabinet Email Mag: Aso explains himself away to the outside world as he asks for renewed power
15) Some brief commonsensical thoughts on Tokyo Election July 12, 2009
16) Sunday Tangent: Stray thoughts on Rbt. McNamara’s timely passing

… and finally …
17) SAPPORO SOURCE July 2009, Column 2 on Sapporo’s Summer of Love. Every Summer. (full text)

Discrimination at Ernst & Young ShinNihon LLC, report by Roy Choudhury

Roy Choudhury writes: Ernst & Young’s Shame: Racism institutionalizes itself in the Japanese wing of the accounting giant

Accounting can do wonders, but just where in the free world do you find an audit firm whose Global Code of Conduct shuns discrimination, but whose lead partner confirms that non-Japanese nationals are barred from getting permanent contracts? And whose department head admits to taking “language differences” into account – even for a job that needs no Japanese? Ernst & Young ShinNihon LLC (or EY-Japan), the country’s largest accounting firm, has got some explaining to do.

I worked for EY-Japan for two years (2006 – 2008) and have firsthand knowledge of how they treat people. As a US citizen, I can tell you I have never seen anything like it. They happen to be institutionally racist. And I can prove it: