Debito’s SNA VM37: “Reforming Japan’s Dickensian Foreign Trainee Program,” Aug 22, 2022, and why I remain skeptical that reforms will actually happen

SNA — News Item: video footage surfaced in 2020 of a Vietnamese “trainee” being physically abused by Japanese co-workers at a construction company in Okayama Prefecture, resulting in injuries including broken ribs and a broken tooth. Despite a criminal complaint, the Okayama Prefectural Police Prosecutor’s Office declined to prosecute the four Japanese co-workers involved. Here is the video footage that started it all. https://www.youtube.com/watch?v=PK1HhnvktOc&t=76s

This Vietnamese trainee is not alone. Despite the strict Covid border controls, currently 280,000 foreigners toil as temporary low-wage workers in Japan’s farms and factories nationwide. Given Japan’s often nasty work environments, which generally combine exploitative work ethics with a normalized bullying culture, this means that more than a quarter of a million foreigners are here and in harm’s way under a system of unfettered abuse…

Fortunately, there are some stirrings that reforms might happen. Even the conservative Yomiuri Shinbun said in an August 20 editorial that reforming the system is “unavoidable.” Moreover, the government announced last month a full-scale review of the program, intending to “bring this long-standing issue to a historical conclusion.” I am skeptical these reforms will achieve what is promised, which is basically to resolve the ongoing human rights abuses which have always characterized the trainee system. One reason for my doubts is because…

Read the rest at https://shingetsunewsagency.com/2022/08/22/visible-minorities-reforming-japans-dickensian-foreign-trainee-program/

Asahi: Okayama public prosecutors drop co-worker violence claim by Vietnamese “Trainee” despite video evidence. No wonder Japan’s violent bully culture thrives! (UPDATE: Out-of-court settlement was reached)

GoEMON (from Asahi): Two years ago, a 41-year-old male Vietnamese technical trainee was abused by his four Japanese coworkers while working. The act was then discreetly recorded by another Vietnamese trainee, causing a buzz within the public at that time. The result of the case was recently disclosed by the Okayama Prefectural Public Prosecutors Office.

The technical trainee filed a case to the Okayama Prefectural Public Prosecutors Office, claiming that he had been assaulted during the past two years working at the company, in which the four coworkers, all in their 30s, were referred to prosecution on suspicion of causing injuries and other charges. The Prosecutor’s Office, however, announced that the four cannot be prosecuted, due to a lack of information. The indictments were dropped against two for injury, one for injury and violation of the Violent Acts Punishment Law, and one for violation of the Violent Acts Punishment Law.

COMMENT:  “A lack of information”!? [Well, in the original Japanese, it just says, “For reasons left unclear.”] Anyway, watch the video above. Yet another example (see the McGowan Case for another) of how even when you have photographic or audio evidence of abusive behavior, the laws are only as good as the people enforcing them.  If public prosecutors will not do their job and prosecute, the laws specifically against violent acts mean nothing.  Even despite all the promises of reform of Japan’s already abusive, exploitative, and deadly “Trainee” system.  In a sense, this poor guy is lucky he didn’t end up laid up in the hospital or worse!

UPDATE: Yahoo News: According to the labor union protecting the Trainee, there was an apology from the construction company and the administering agency, with restitution paid through private settlement.

FURTHER COMMENT: Fine. But this case shows just how much, despite calls for reform for decades, things have NOT progressed.  By now, things like this shouldn’t still be happening, in this case violence towards a foreign co-worker for about two years!  But official negligence is the norm here.  Again, good thing the “Trainee” had the video of the savage treatment that resulted in broken ribs and untold mental damage.  But he shouldn’t have had to.

JT and Nikkei: Japan to offer longer stays for “Trainees”, but with contract lengths that void qualifying for Permanent Residency

JT: Japan is weighing the creation of a new status of residence that would allow technical interns from abroad to stay longer in the country, as part of efforts to tackle severe labor shortages, sources said Wednesday. But interns’ families would not be allowed to enter Japan — a provision meant to prevent the creation of the new status from leading to discussions on the sensitive issue of immigration, the sources said. The status would allow those who have completed a five-year technical intern training program and meet certain requirements to stay and work for up to five additional years, the sources said. […]

But according to a Nikkei business daily report, trainees will still have to return to their home after their programs end, and then apply for the new residence status that would allow them to work again in Japan for a further five years. This is apparently aimed at keeping trainees and interns from gaining eligibility to apply for permanent residency, for which one of the prerequisites is to be living in Japan for 10 years or more.

COMMENT: As is within character since the early 1990s, Japan wants NJ workers to make up for labor shortages in Japan’s workforce, but remains unwilling to allow NJ migrant workers to become immigrants: to access the benefits of their labors and years of investment in Japan’s economy and society by allowing them to live in Japan. No, once again, Japan would rather leach off the best years of NJs’ productive lives and then send them home. Except now GOJ policy explicitly wants them to stick around and be exploited ever longer (without their families, and with a built-in contract cut-off before they can qualify for Permanent Residency), again under the guise of the deadly “Trainee” slave-wage labor program.

Kyodo: Official stats on NJ “Trainee” work deaths & accidents; 2x higher than J worker deaths, and likely understated

Finally, a quarter-century into the horrible government-sponsored NJ “Trainee” program, the GOJ is now releasing actual hard statistics about the people it is killing.  And you can see why it took so long–the numbers are shameful enough to warrant a cover-up:  Between 2014 and 2017, 22 NJ died (almost all due to workplace accidents, but at least one was probably being worked to death).  This is more than twice the on-job fatality rate for J workers.  There were also 475 cases of serious accidents to NJ “Trainees”, and, as activists point out below, this figure is probably understated.  

A contrarian might argue that NJ are just accident-prone.  But as the article describes below, working conditions are simply awful, not to mention generally illegal.  And as as Debito.org has pointed out repeatedly over the decades, “the program is rife with abuse: exploitation under sweatshop conditions, restrictions on movement, unsafe workplaces, uncompensated work and work-site injuries, bullying and violence, physical and mental abuse, sexual harassment, death from overwork and suicide — even slavery and murder. Things have not improved in recent years. The Health, Labor and Welfare Ministry announced that about 70 percent of some 5,200 companies that accepted trainees in 2015 violated laws, and in 2016 a record 4,004 employers engaged in illegal activities. The program is so rotten that even the United Nations demanded Japan scrap it.” (From Japan Times, Jan. 3, 2018, Item 4)

Anyway, let’s celebrate that we have some official statistics at last, for without them, it’s easy to see why this program can keep going for a quarter-century with little political traction to improve it.

Kyodo: Trainee program, small firms drive rise in Japan’s foreign worker numbers. More data, same misleading gloss.

Kyodo: Juroku Bank, Ltd., based in Gifu Prefecture, last April hired two Chinese who had been studying at a university in Nagoya. It was the first time for the company to hire foreign bank clerks, and came as part of a new personnel strategy to deal with the growing number of visitors to Japan.

Zhang Yijun, 26, has been assigned to handling remittances and other duties related to foreign exchange matters at one of the regional bank’s Nagoya branches. Zhang can get by in everyday Japanese-language conversations but is still learning from co-workers about banking and handling customers. Zhong Shouzhen, 29, meanwhile handles foreign exchange matters at the bank’s head office in the city of Gifu. She struggles with polite Japanese expressions but hopes to get involved in business mergers and acquisitions in the future. “I want to be an intermediary for Chinese and Japanese companies,” Zhong said. […]

Tran Hong Kien, 28, from Vietnam, has been working for Yoshimoto Factory, a metal-processing firm in Ome, western Tokyo, since last March. He studied mechanical engineering at a top university in Vietnam. “I was impressed by the high technical competence in Japan,” said Kien, who is tasked with running a lathe under instructions from senior workers at the company, which employs 25. “If possible, I would like to remain living in Japan.”

COMMENT: I’ve said plenty about this issue in my previous post. Here’s more information and gloss from Kyodo, which once again erroneously conflates “Trainees” with “workers”. Perhaps a new word is necessary to distinguish them. Oh, how about “foreign trainees and workers”? Because they are simply not the same. And what woe looms for these bright-eyed young workers who “want to stay on in Japan”. Not likely, at this writing. Especially since even the labor unions (as noted in the article) aren’t going to defend them. And I saw essentially the same bent to articles on foreign workers (for real, before the grey zone of “Trainees”) during Japan’s “kokusaika” period in the late 1980s (when I first arrived). Look how that turned out.

Reuters: Japan’s NJ workers reach record 1 million; but fine print overlooked, e.g., conflating “Trainees” with “Workers”

The resurgence of Japan’s import labor regime has resumed in earnest, reaching a record at least in the Postwar Era. (Remember that during WWII, Japan’s internal colonial population, as in workers imported from its colonies, was very high; people from the Korean peninsula alone in 1945 were more than two million.) Now as of 2016, the NJ worker total has hit 1 million, according to Reuters below.

There is some fine print this article should have noted. This “record one million” is of workers, not registered residents alone (which is in fact more than twice the number, at 2.23 million as of 2015), since they have dependents (i.e., spouses with non-work visas and children). But within this one million are people who are not technically “workers” (roudousha), but “Trainees” (kenkyuusei or jisshuusei), who aren’t officially protected by Japan labor laws and are exposed to all manner of abuses, including slavery.

So calling them all “workers” is misleading both in terms of terminology and legal status. Especially since, as the article does rightly note, they are making up 20% of the total, or around 200,000 unprotected NJ laborers. Now that their numbers have shot up by 25% over one year alone, we can expect that 70% of all their employers will likely expose them to labor abuses.

These are not happy statistics, and for the article to lack this degree of nuance (especially since Reuters itself has done marvelous exposes in the past, even calling “Trainee” employers “sweatshops in disguise”) is at this point an institutional memory problem.

Another problem is the article implying that there is any actual attempt to, quote, “open gates to immigrants”. Immigration (imin) has never been part of Japan’s policy calculations (and I challenge the journalists researching this article to find that exact word in any of the cited policy directives; their citing a construction company manager, in the unlikely event that he actually used the word imin, is still indicative of nothing) — only temporary stopgap laborers who will give their best working lives and then be sent home at the first economic downturn. As has happened before, most cruelly.

As much as the article might be trying to attract eyeballs by putting a superlative “record number of” in the headline (and once again sneaking in an angle of hope of actual “immigration” happening), the only change that has happened here is that more NJ are being processed by an exploitative system — one that has by design remained relatively unchanged for nearly three decades, and moreover has been expanded to exploit even more. So many misdirected angles here.

Kyodo: Japan enacts law to prevent abuse of foreign “Trainees”. Unclear how it’ll be enforced.

Here’s a little something that may or may not matter in future. As the Abe Administration seeks to expand the NJ “Trainee” sweatshop and slave-labor program out of the construction, manufacturing, agriculture, and fishery industries and into nursing (not to mention the “special economic zones” so that foreigners with college degrees and Japanese language ability will have the privilege of tilling land and weeding crops on Japanese farms; seriously), we finally have a law to prevent the widespread abuses of NJ not covered by labor laws. Abuses so widespread, as the article says below, that “about 70 percent of some 5,200 companies and organizations that accepted trainees last year were found to have violated laws,” according to the GOJ. That’s quite a stat.

Now will this law be enforced? Remains to be seen. I’m not sure how this governmental “body to carry out on-site inspections at companies and organizations using the program and offer counseling services for participating workers” will work in practice. We’ve already seen how ineffectual other human-rights organs for “counseling” (such as the Ministry of Justice’s Potemkin Bureau of Human Rights) are in Japan. And there are all manner of institutionalized incentives (and decades of established practice) for people to turn blind eyes. After all, the only ones being hurt by this slavery program are foreigners, and they can just go back home if they don’t like it. (Except that they can’t.) Debito.org will keep you posted on developments.

Japan Times: Japan sanctioning mass ‘slave labor’ by duping foreign trainees, observers say

Japan Times: The [Industrial Trainee and Technical Internship Program], however, has not been without its critics. Japan’s top ally, the U.S., has even singled it out, with the State Department’s annual Trafficking in Persons Report for years slamming the program’s “deceptive recruitment practices.” “The (Japanese) government did not prosecute or convict forced labor perpetrators despite allegations of labor trafficking in the TTIP,” it said this year, using the program’s acronym.

Past allegations include unpaid overtime work, karoshi (death from overwork), and all kinds of harassment, including company managers restricting the use of toilets or demanding sexual services. The government rejects claims the program is abusive, yet acknowledges there have been some upstream problems. “It is true that some involved in the system have exploited it, but the government has acted against that,” an immigration official said. “It is not a system of slave labor.” The official insisted it was not in authorities’ power to control the behavior of middlemen but insisted they were not allowed to charge deposit fees. “It is also banned for employers to take away trainees’ passports,” he added.

Prime Minister Shinzo Abe has unveiled a plan to expand the program that would allow foreign trainees to stay in Japan for five years instead of three, and says such labor will increasingly be needed, particularly in the construction boom ahead of the 2020 Tokyo Olympics. Abe is also aware that the nation’s health care sector must increasingly look abroad to fill the shortage of workers. “It has been said that we will need 1 million caregivers for the elderly by 2025, which would be impossible to handle only with the Japanese population,” said Tatsumi Kenmochi, a manager at a care home near Tokyo that employs Indonesian nurses. For Kenmochi, foreign staff are a precious commodity and the sector must do as much as it can to make them feel welcome. “It must be hard to leave home and work overseas,” he said. “We make sure that they don’t get homesick, listening to them and sometimes going out to have a warm bowl of noodles with them.”

Torii of Solidarity Network With Migrants Japan said this is just the kind of attitude Japan needs to learn: “The issue is not whether we accept immigrants or not. They are already here, playing a vital role in our society.”

Kyodo: Foreign trainee slain, colleague wounded in rural Ibaraki attack, in oddly terse article (UPDATED with news of another underreported NJ death)

JT/Kyodo: Two Chinese men taking part in a foreign trainee program on a farm in Hokota, Ibaraki Prefecture, were attacked by a group of men with knives Sunday evening, leaving one dead and the other wounded, police said. Sun Wenjun, 33, was pronounced dead at a hospital and the other man, identified only as being 32 years old, was being treated for his wounds, the police said.

They were attacked by several men, apparently non-Japanese, at around 9:50 p.m. near the farm. The two were riding bicycles on their way from the home of an acquaintance about 1.5 km from the farm. A kitchen knife with bloodstains was found near the scene, NHK reported. The surviving trainee was quoted as saying the men came out of nowhere, attacked with knives and left in a car. ENDS

COMMENT: Believe it or not, that’s the entire article — short enough to include within the blog post summary. It’s been a couple of days since the article came out, and I have an unusually busy week with several deadlines, so let me ask Debito.org Readers to look around the Japanese and English-language media and see if there has been anything more afoot (especially since the article alleges that NJ were perps as well as victims). Please place articles with links in the Comments Section below.

Or if you find little to nothing more in the media, that’s also a significant indicator on how crime perpetrated against NJ is reported and handled in Japan, so please comment on that too. This would be a much larger media scrum if Japanese were stabbed to death allegedly by NJ.

Japan Today: Gov’t to tighten controls on foreign trainee program, by creating another special overseeing agency

Japan Today: The government has announced plans to create a special agency to oversee the foreign trainee program which has come in for criticism for exploiting foreign workers. According to the government, the agency—which will have legal authority—will re-evaluate the purpose of the Technical Intern Training Program to provide interns with a wider variety of occupations as well as the possibility of extending their work period, Sankei Shimbun reported Friday.

More specifically, the training program will be extended from 3 years to 5 years. Some occupations related to nursing and care-giving will be added to the current 69 categories. In response to increasing concerns over human rights violation, there will be more measures to protect employees, a government spokesman said.

COMMENT FROM M3M3M3:  Maybe I’m just cynical but creating a ‘special agency’ is also a way to insulate the government from criticism. If we hear more horror stories, the Minister of Labour will now be able to point fingers at the agency and say ‘I had no idea, but it’s very regrettable that they didn’t do their job properly’. I don’t understand why the Ministry of Labour can’t take direct responsibility for oversight of this.

Reuters Special Report on Japan’s “Trainee System” as “Sweatshops in Disguise”: Foreign interns pay the price for Japan’s labor shortage

REUTERS: The most recent government data show there are about 155,000 technical interns in Japan. Nearly 70 percent are from China, where some labor recruiters require payment of bonds worth thousands of dollars to work in Japan. Interns toil in apparel and food factories, on farms and in metal-working shops. In these workplaces, labor abuse is endemic: A 2012 investigation by Japanese labor inspectors found 79 percent of companies that employed interns were violating labor laws. The Ministry of Health, Labour and Welfare said it would use strict measures, including prosecution, toward groups that repeatedly violated the laws or failed to follow its guidance in their treatment of technical interns.

Critics say foreign interns have become an exploited source of cheap labor in a country where, despite having the world’s most rapidly ageing population, discussion of increased immigration is taboo. The U.S. State Department, in its 2013 Trafficking in Persons report, criticized the program’s use of “extortionate contracts”, restrictions on interns’ movements, and the imposition of heavy fees if workers leave. […]

Not long after [Trainees Lu, Qian and Jiang’s] arrival, the [Burberry outsourcing] apparel association took the women’s passports and passed them to Kameda in violation of Japanese law protecting interns’ freedom of movement, according to the lawsuit. An Ishikawa Apparel Association spokeswoman, who declined to give her name, said the group does not conduct inappropriate supervision and training, but declined further comment citing the lawsuit.

At the factory, Lu, Qian and Jiang’s overtime stretched to more than 100 hours a month, the lawsuit says. A timesheet prepared with data supplied by Kameda to the Japanese labor standards bureau shows Lu logged an average of 208 hours a month doing overtime and “homework” during her second year in Japan. That is equivalent to almost 16 hours a day, six days a week. Japanese labor policy considers 80 hours of overtime a month the “death by overwork” threshold.

For this, Lu earned about 400 yen, about $4, an hour at Kameda, the timesheet shows. The local minimum wage at the time was 691 yen an hour, and Japanese law requires a premium of as much as 50 percent of the base wage for overtime. […]

Japan faces a worsening labor shortage, not only in family-run farms and factories such as Kameda but in construction and service industries. It is a major reason that Prime Minister Shinzo Abe’s administration is planning a further expansion of the trainee program.

Reuters: Abe Admin seeks to expand, not contract, the deadly exploitative NJ “Trainee” program

When Debito.org last seriously talked about the issue of Japan’s foreign “Trainees” (i.e. NJ brought over by the GOJ who are allegedly “in occupational training”, therefore not qualifying as “workers” entitled to labor law protections), it was back in July 2010, when news broke about the death of 27 of them in 2009. The news to me was that it was only the SECOND worst casualty rate on record. Even more scandalous was that about a third of the total dead NJ (as in eight) had died of, quote, “unknown causes” (as if that’s a sufficient explanation). Kyodo News back then rather ignorantly observed how problematic the “Trainee” system has been, stating that “a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages”. Hardly “recent” even back then: Despite years of calls to fix or abolish the program entirely, with official condemnations in 2006 of it as “a swindle”, and the UN in 2010 essentially calling it slavery (see article below), it was still causing deaths at the rate of two or three NJ a month. (The irony was that karoushi (death from overwork) was a big media event when Japanese were dying of it. Clearly less so when NJ die.)

Now sit down for this news: The GOJ is seeking not to reform the “Trainee” system, but rather to EXPAND it. As the article indicates below, we’ve gotta get more cheap, disposable, and ultimately expendable foreigners to build our Tokyo Olympics in time for 2020. And then we can round them up once their visas expire and deport them (that is, if they’re still alive), like we did back in Nagano for the 1998 Olympics.

This is precisely the type of exploitative capitalism that creates Marxists. But again, who in Japan empathizes with NJ workers? They’re only here to earn money and then go home, right? So they deserve to be exploited, runs the common national narrative. And under that discourse, no matter how bad it gets for them (and so far it really, really has), no amount of domestic or international condemnation will stop it.

US State Department report 2011: “Japan’s Foreign trainee program ‘like human trafficking'”

Yomiuri: Regarding conditions for foreign trainees in Japan, the [US State Department] noted “the media and NGOs continued to report abuses including debt bondage, restrictions on movement, unpaid wages, overtime, fraud and contracting workers out to different employers–elements which contribute to situations of trafficking.” The Japanese government has not officially recognized the existence of such problems, the report said. It also said Japan “did not identify or provide protection to any victims of forced labor.”

Asahi: The report said, “Japan is a destination, source, and transit country for men, women, and children subjected to forced labor and sex trafficking… The State Department recommended the Japanese government strengthen efforts to investigate, prosecute and punish acts of forced labor, including those that fall within the foreign trainee program.

COMMENT: The U.S. State Department report text in full included in this blog entry.

Terrie’s Take on how Japanese companies are too “addicted” to cheap Chinese “Trainee” labor to hire unemployed Japanese

Received this this morning from Terrie Lloyd. Very much worth reading, as it shows the damage done by the market aberration (if you believe in free markets as the final arbiter of fairness) of holding labor costs artificially low — you get resistance to ever raising them again once business gets used to those costs as being “normal”. As wages and working conditions in Japan continue their race to the bottom, it seems that two decades of NJ “Trainee” near-slave and slave labor will come back to haunt the Japanese economy after all.

Terrie Lloyd: According to an article in the Japan Times on Thursday, quoting numbers from a Labor Ministry report released earlier in the week, there are now 2.02m people in Japan receiving welfare checks, more than any time since 1952. “Welfare” in Japan is apparently defined as financial assistance offered by the government to a household when its total income falls below the national minimum.

Presumably a big contributor to this record number of needy people has been the Great East Japan earthquake in March. The level of joblessness has soared to around 90% of employable survivors in the worst hit areas, and by the end of May about 110,000 were out of work and applying for the dole at various Hello Work offices in Iwate, Miyagi, and Fukushima prefectures.

So, one would think that with this excess capacity of workers, many of whom are from the agricultural, fisheries, and manufacturing industries, juxtaposed with the phenomenon of disappearing Chinese trainee workers from factories around the same regions, less than half of whom are yet to return, that there would be a slew of local hirings to make up the shortfall. Certainly after the Chinese trainees fled the disaster areas, there were plenty of news reports of employers grumpily saying, “We can’t trust Chinese employees, next time we’ll hire locals.”

But are they following through with local hiring offers? Our guess is “not”.

The reason is because a Japanese breadwinner from Iwate on unemployment, or even welfare, can still receive 2-5 times more than the Chinese trainees do for the same jobs. The factory and farm operators may grizzle about their “unreliable” Chinese employees, but without this source of ultra-cheap labor, they have no way of being able to compete with the flood of goods and produce coming in from China itself. The fact is that thousands of small companies all over Japan are addicted to cheap trainee labor from China and elsewhere, and to go local they would soon go out of business….

Asahi: NJ Nurse trainees leave Japan despite 1-year extension to taking qualifying test

The GOJ is trying to plug the leak of NJ trainee nurses leaving Japan despite their best efforts on the qualifying exam. But after all these years of insufficient institutional support, it’s too little, too late, and disorganized at that; according to the Asahi article below, morale is clearly low for them. Mayhaps the jig is up, and word is getting round at last that the NJ nurse training program was after all just another guise for a revolving-door labor force?

Asahi: Many Indonesian nurse trainees who failed their exams have returned home amid confusion over who would be allowed to stay for another year to retake the test.

The government decided to allow 68 of the 78 Indonesians who failed this year’s nursing exam to stay and take another exam next year. But 25 of the 91 Indonesians who took the exam in March have already left.

“I first heard about an extended stay some time ago, but I was not given any details,” said a woman in her 30s who failed the exam and left in April. “After all, I think we are not needed.”…

[Another] woman, who failed in the exam by a slight margin, knew she could be allowed to stay. But she said she has lost her enthusiasm to work in Japan because of a lack of support from the government.

Japan Times Community Page on NJ “Trainee Visa” slavery program and how crooked it still is, according to NGOs

JT: In October 1999, 19 Chinese trainees came to the Takefu city office pleading for help. In their first year in Japan as interns, the women had been promised ¥50,000 a month, but scraped by on ¥10,000. The next year, as technical trainees, they should have received ¥115,000 a month. After health insurance, pension, rent, forced “savings” and administrative fees for the staffing agency in China were deducted, what they got was ¥15,000. The women walked for five hours from their workshop in the mountains of Fukui Prefecture to talk with the director of their placement organization at his home. Instead of receiving answers, they were turned away with harsh words — and even blows.

The incident was discussed in the Diet and became a symbol of the profound problems with the trainee system. Shortly afterwards, citizens’ groups formed to protect the rights of trainees and organizations already working to protect foreigners’ rights found a new focus. More than 10 years later, leaders of these groups say they have seen some positive changes, but abuses of the system are still endemic…

Mainichi & Asahi: “4 arrested for helping Cambodian men work illegally”. Odd, given shysterism of Trainee Visa program

Three articles here describing police actually arresting people (Japanese employers, too) for NJ employment visa violations. Interesting, given all the shysterism that goes on under the Trainee Visa etc. programs that necessitate civil (not criminal) court cases for redress, and involve few arrests. I guess it’s more important to employ people on proper visas than to employ them humanely. Get the visa right, and you can do whatever you want to your NJ workers. Perhaps that’s precisely what the Trainee Visa was designed to enable: Cheap exploitable NJ labor for companies in trouble.

Mainichi: The president of an information technology (IT)-related company and three others were arrested on Oct. 18 for helping three Cambodian men come to Japan under the guise of IT engineers and illegally work at a supermarket, police said.

Arrested for violating the Immigration Control and Refugee Recognition Law were Lim Wee Yee, 39, president of the IT company in Iizuka who is a Malaysian national; Takashi Miyazaki, 40, president of the Kurume Chimakiya supermarket chain; his younger brother and board member Yoji Miyazaki, 36; and Masaru Sakai, 30, the operator of another supermarket.

Japan Times Community Page on “Trainee” Jiang karoushi, how employer Fuji Denka Kogyo is trying to get away with it

Japan Times: Recent amendments to the Immigration Control Act, which also included changes to Japan’s alien registration card system, have improved the situation for participants of the internship program, although arguably it is a case of too little, too late.

Under the old system, those in the first year of the program were officially classed as “trainees,” not workers, meaning they were unable to claim the protections Japanese labor law affords regular employees.

For example, the minimum wage in Japan varies according to prefecture, and currently the national average is ¥713 per hour. But as foreign trainees are not technically “workers,” employers are not obliged to pay them even this. Instead, they receive a monthly “trainee allowance,” which for most first-year trainees falls between ¥60,000 and ¥80,000 — the equivalent to an hourly wage in the range of ¥375 to ¥500 for a full-time 40-hour week.

For first-year trainees, trying to survive on such a low income is a real struggle, so most have to do a great deal of overtime just to make ends meet.

Although the “trainee” residency status still exists for foreign workers who arrived before 2010, it is currently being phased out, and from 2011 all first-year participants in the program will be classed as technical interns. This a significant step forward, as the Labor Standards Law and the Minimum Wage Act apply to foreign migrant workers with technical-intern residency status. However, whether migrant workers are actually able to access the protections they are entitled to is another matter, and the issue of oversight — or the lack of it — is still a long way from being resolved.

Abiko believes this absence of proper oversight has grown out of the internship program’s weak regulatory structure and a general lack of government accountability. The government entrusts most of the operations of the internship program to JITCO, an authority that lacks the power to sanction participating organizations or companies, says Abiko.

“JITCO is just a charitable organization. It is very clear that JITCO is not appropriate to regulate and monitor this program.”

In addition, she argues, the financial relationship between JITCO and the collectives or companies under which trainees work makes JITCO’s role as a regulatory body even more untenable. JITCO’s total income for the 2008 financial year was ¥2.94 billion. More than half this amount, ¥1.66 billion, came from “support membership fees” paid by the companies themselves.

“How can JITCO appropriately regulate and monitor their support members when they are dependent on them for membership fees?” she said.

NYT has video and article on JITCO NJ “Trainee” Program, including sweatshop conditions and karoushi

NYT: For businesses, the government-sponsored trainee program has offered a loophole to hiring foreign workers. But with little legal protection, the indentured work force is exposed to substandard, sometimes even deadly, working conditions, critics say.

Government records show that at least 127 of the trainees have died since 2005 — or one of about every 2,600 trainees, which experts say is a high death rate for young people who must pass stringent physicals to enter the program. Many deaths involved strokes or heart failure that worker rights groups attribute to the strain of excessive labor.

The Justice Ministry found more than 400 cases of mistreatment of trainees at companies across Japan in 2009, including failing to pay legal wages and exposing trainees to dangerous work conditions. This month, labor inspectors in central Japan ruled that a 31-year-old Chinese trainee, Jiang Xiaodong, had died from heart failure induced by overwork.

Under pressure by human rights groups and a string of court cases, the government has begun to address some of the program’s worst abuses. The United Nations has urged Japan to scrap it altogether…

The Japan International Training Cooperation Organization, or Jitco, which operates the program, said it was aware some companies had abused the system and that it was taking steps to crack down on the worst cases. The organization plans to ensure that “trainees receive legal protection, and that cases of fraud are eliminated,” Jitco said in a written response to questions…

As part of the government’s effort to clean up the program, beginning July 1, minimum wage and other labor protections have for the first time been applied to first-year workers. The government has also banned the confiscating of trainees’ passports.

But experts say it will be hard to change the program’s culture… “If these businesses hired Japanese workers, they would have to pay,” said Kimihiro Komatsu, a labor consultant in Hiroshima. “But trainees work for a bare minimum,” he said. “Japan can’t afford to stop.”

Economist London on Japan’s treatment of Chinese: Welcome tourist money, work “Trainees” to death

A couple of days after this issue appeared in Kyodo and on Debito.org, the Economist London had an article in its print and online version. (If Debito.org is an inspiration for your articles, may we say how grateful we are for the extended audience.) With even more research and quotes, and a comparison with another issue also recently discussed on Debito.org (how Chinese money is affecting the tourist economy), here’s the article:

Economist: MANY Japanese strive to keep up egalitarian appearances… But when it comes to the way Japan treats its nouveau riche neighbour, China, different rules apply. Two events this month betray the double standards with which Japanese officialdom treats China’s rich and poor. On July 1st Japan relaxed visa requirements for well-off Chinese tourists. It was not stated how much anyone needed to earn to apply for one. But as long as they had at least a gold credit card and a solid professional or civil-service job to go back to, they were free to come to Japan, to shop until they dropped.

Far from the bright lights of Japan’s shopping districts, however, young Chinese working in small industrial firms get anything but red-carpet treatment. On July 5th Kyodo, a news agency, reported that 21 Chinese were among 27 foreign trainees who died last year on a government-sponsored skills-transfer scheme for developing countries that over the past four years has brought in an average of 94,000 workers a year, mostly from China.

Of the 27, nine died of heart or brain diseases, four died while working and three committed suicide. A few days earlier officials confirmed that a 31-year-old Chinese trainee who died in 2008 after clocking up about 100 hours a month of overtime was the victim not of heart failure, as originally reported, but of “karoshi”, the Japanese affliction of death from overwork…

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 Reader asks for advice regarding Chinese “Trainees” exploitation, stolen wallet, and local police

Here is a post from somebody seeking advice from Debito.org Readers. He’s seen a situation where Chinese “Trainees” are being exploited, where his wallet has been stolen but police allegedly won’t act on it, and just general confusion about what to do and where to go about things that he considers to be just plain off-kilter. Again, advice welcome.

Kyodo: NJ “Trainees” win ¥17 million for trainee abuses by employer and “broker”

Kyodo: The Kumamoto District Court awarded more than ¥17 million in damages Friday to four Chinese interns who were forced to work long hours for low wages in Kumamoto Prefecture.

The court ordered that the union Plaspa Apparel, which arranged the trainee work for the four, to pay ¥4.4 million and that the actual employer, a sewing agency, pay ¥12.8 million in unpaid wages.

It is the first ruling that held a job broker for foreign trainees liable for their hardships, according to lawyers representing the four interns.

Mainichi: Chinese trainees file complaint with labor bureau over 350 yen per hour overtime

Mainichi: According to the complaint and other sources, the [Chinese “Trainee”] women each worked as many as 209 overtime hours per month, and about 2,000 hours per year. The 350-400 yen per hour the women claim they were paid for that overtime falls short of Nagasaki Prefecture’s minimum wage of 629 yen per hour, and well below the standard set by the Labor Standards Act, which requires employers to pay 1.25-1.6 times the regular wage for overtime.

The women claim that during busy periods they each worked from 8 a.m. to 12 a.m., and sometimes did not have a single day off per month. They apparently signed a contract paying them a monthly salary based on the minimum wage, but that excluded provisions for overtime. Working an average of 173 hours per month at the minimum wage would equal a monthly paycheck of about 110,000 yen.

However, the women claim that the company told them their pay was being directly deposited in their bank accounts and did not show them the payment details. Furthermore, the company held both the women’s bankbooks and passports. The company president also apparently checked the clock whenever one of the women went to the washroom and deducted that time from their breaks.

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.

Kyodo: 34 NJ “Trainees” died FY 2008, 16 from suspected overwork, up from 13 FY 2007

Kyodo: Thirty-four foreign trainees died in Japan in fiscal 2008 through March this year, up 13 from the previous year to hit a record high, a survey by a government-linked body promoting a training program showed Monday.

The leading causes of their deaths were brain and heart diseases, which claimed the lives of 16, while five were killed in accidents at work and four in traffic accidents. Supporters of foreign trainees said they suspect those who died from brain and heart disorders actually died from overwork. As of late 2007, about 177,000 foreigners have been staying in Japan under the government’s industrial training and technical internship program.

Shoichi Ibusuki, a lawyer supporting foreign trainees and interns, pointed out that many trainees have been forced to work long hours for lower wages and said he suspects they had died from overwork…

Ding Jianhui, 35, who came to Japan in September 2006 on the training program, said he had to work overtime for 100 to 130 hours a month at his job selling scrap metal and only received 110,000 yen per month after tax.

Asahi: More NJ “trainees”, “interns” face dismissal

Asahi: During the five months until February, more than 1,500 trainees and interns returned to their countries without spending the full three years here.

These difficulties highlight the program’s lack of a sufficient safety net. Interns are required to pay for unemployment insurance, but they often find it hard to receive benefits…

According to Zhen Kai, who gives advice to foreign trainees and interns at the Gifu Ippan Rodo Kumiai, a Gifu-based labor union for workers at small businesses, an increasing number of interns are refusing to be let go before the end of their three-year stints.

They remain at corporate dormitories without pay while negotiating with their employers to have their dismissals reversed.

“The situation is grave,” Zhen said.

Canceling a worker’s training or internship in the middle is allowed only when a business goes bankrupt or is in serious trouble. Because of visa restrictions, interns technically work under an arrangement with organizations, such as local chambers of commerce and industry, that accept them for member companies.

This means that if fired at the midpoint in their training, they are not eligible to work for ordinary companies or receive new job information at Hello Work public job placement centers.

While a Justice Ministry guideline urges groups and businesses to find new jobs for their dismissed interns, in practice help is rare.

Asahi: Foreign nursing trainees face unfair hurdles

Asahi: At hospitals and nursing homes for the elderly across the nation, 208 Indonesians have commenced work. They are trainees who came to Japan hoping to become nurses and certified care workers under the economic partnership agreement (EPA) signed between Japan and Indonesia. Having finished a six-month Japanese-language study program, they started working in January and February. All of them are qualified to work as nurses in their home country and many of them have a lot of nursing experience. But most of those I met expressed anxiety and frustration.

This is because of the system that requires them to pass Japanese state exams within specified periods. If they fail, they must return to their home country. Would-be nurses have three chances to sit for the exams in three years of their stay. Conditions are tougher for aspiring care workers. Since foreign trainees are required to have actual working experience in Japan for at least three years before they can take the exam, they only have a single chance to pass in four years…

COMMENT: What does the GOJ want? Easy. Revolving-door cheap foreign labor, which won’t stay and get expensive or start demanding its own rights. Unfortunately, that’s not how immigration works, even though with its aging society, immigration is what Japan needs. We’ve said this umpteen times before, but lemme just repeat it for the noobs, sorry. What the GOJ wants and what it needs are working against each other. Its unforgiving and inflexible policies such as these that are hurting Japan’s future.

Mainichi: Kofu Laundry taken to cleaners over abuses of Chinese “trainees”

Mainichi: The Kofu Labor Standards Inspection Office has sent documents to public prosecutors accusing a dry-cleaning company president of violating labor and wage laws by making Chinese trainees work for pay below the minimum wage…

Uchida was reported to prosecutors over the alleged failure to pay about 11.15 million yen to six female trainees from China aged in their 20s and 30s, during the period between February 2007 and July 2008.

The office also reported a 37-year-old certified social insurance labor consultant from Chuo, Yamanashi Prefecture, to public prosecutors accusing him of assisting in the violation of both laws by providing assistance to Uchida and other related parties.

Yomiuri: The Justice Ministry says it has found irregularities at a 452 companies and organizations that hosted foreign trainees last year.

Officials of the ministry said it had confirmed that the companies and organizations violated labor laws, such as by paying lower-than-minimum wages to foreign trainees. Of the total, 169 cases of entities making trainees work unpaid overtime were found and 155 cases concerned other labor law violations such as payment of illegally low wages.

See I told you so #2: Oct-Jan 1000 “Trainees” repatriated, returning to debts.

Mainichi: More than 1,000 foreign trainees involved in government programs were forced to return home as sponsor companies have been suffering from the deteriorating economy, a government survey has revealed… “Most of the trainees took out a loan of about 700,000 yen to 1 million yen to come to Japan,” said a representative of Advocacy Network for Foreign Trainees in Tokyo’s Taito Ward. “If they return home before their contract period ends, they will be left in debt.

COMMENT: Here come the stats. The “Trainees” (mostly Chinese workers in Japanese farms and factories), which I discussed in part in my most recent Japan Times article, are being sent home in large numbers, to face debts. Oh well, they’re not Nikkei. They don’t get any assistance. Just the promise of a “review” by May 2009, something people have been clamoring for since at least November 2006! Yet it only took a month or so for the GOJ to come up with and inaugurate something to help the Nikkei, after all (see above JT article). But again, wrong blood.

I think we’ll see a drop in the number of registered NJ for the first time in more than four decades this year. Maybe that’ll be See I told you so #3. I hope I’m wrong this time, however.

Japan Times/Kyodo: Decrease in NJ “Trainees”

Excerpt: The economic crisis is taking a toll on foreign trainees in Japan.

Preliminary data compiled by the Japan International Training Cooperation Organization show that the number of companies’ applications for permitting foreigners into Japan as trainees or technical interns last October fell 18.8 percent from a year earlier to 4,753.

The figure for November stood at 4,692, down 25.5 percent from a year before. The organization, jointly founded by the Health, Labor and Welfare Ministry and four other ministries, said Japanese firms are becoming reluctant to accept new foreign trainees in the face of the deteriorating economy.

Mainichi: Female NJ Trainee Visa workers underpaid by Yamanashi company, beaten, attempted deportation

Six Chinese female trainees at a dry-cleaning company in Yamanashi Prefecture got into a row with the company when they complained that they were being paid under the minimum wage, and three of them suffered injuries including a broken bone, it has been learned.

Trouble reportedly erupted when the company, located in Showa, Yamanashi Prefecture, tried to force the six to return to China after they complained about their wages. The three injured workers are considering filing a criminal complaint over their injuries.

The three injured workers were later taken into the custody of the Zentoitsu Workers Union, which supports foreign trainees and apprentices. The remaining three were taken to Narita Airport by company officials and returned home.

Mainichi: Chinese Trainees awarded big after taking exploitative strawberry farm to court

Mainichi: “A group of strawberry farmers will have to pay a combined 30 million yen in unpaid and overtime wages, and reinstate five Chinese trainees who were unfairly dismissed after losing a class action suit brought against them by their employees.” Great precedent set against exploitation of NJ “guest labor”.

朝日:外国人研修生、ブローカー介在禁止に 法務省 MOJ: Brokers to be banned for NJ Trainees

朝日:外国人に日本の企業で知識や技術を身につけてもらう外国人研修・技能実習制度について、法務省は、受け入れ機関などに対して示している運用の指針を初めて改定する。制度は、安上がりな労働力の確保に利用されるなど、本来の狙いからかけ離れた運用が横行しているのが実情。このため、ブローカーを介在した受け入れを明確に禁止するなど改善を図る。

Mainichi: Wage dispute between Chinese Trainees and Tochigi strawberry farm

Mainichi: “A dispute has erupted between a group of Chinese apprentices and strawberry farms in Japan after one farm sacked a group of students and tried to force them to leave the country… The strawberry farms, located in the Tochigi Prefecture towns of Tsuga, Haga and Ninomiya, paid the apprentices only 500 yen an hour, which was below the prefecture’s minimum hourly wage of about 670 yen. The workers union is demanding that the unpaid wages be given to the students and that the five who were sacked be reinstated.”

JTs on rackets for immigrant workers, runaway Trainees

“A total of 9,607 foreigners, mostly Asians, ran away from job training sites in Japan between 2002 and 2006 in an apparent attempt to look for better working conditions elsewhere, according to the Justice Ministry’s Immigration Bureau… The tatemae (given reason) of the Trainee Worker program run by JITCO is to bring workers from developing countries to Japan to learn Japanese techniques that they can later put to use back home. The honne (real reason) of the program is to legally let small and medium Japanese companies import cheap labor. According to a recent series of articles in the Asahi Shimbun, the Japanese public for the most part still buys the tatemae explanation, even though the media has been reporting for years that many foreign trainees come to Japan for the express purpose of making money.” More horror stories to add to the stew…

Yomiuri: GOJ split over what to do about Trainee Visa abuses

Yomiuri on GOJ moves regarding exploitative NJ Trainee Visa program: One official said, “It’s too drastic to say the system should be scrapped just because there is a discrepancy between the goal and the reality.” Another was concerned the plan would completely overturn the government’s policy of not accepting foreign manual laborers, while a third said, “The current system has been, to a certain degree, effective as part of the nation’s international contribution.”

But all three ministries agree that a revised or completely new system should include measures to crackdown on overstayers through tighter immigration controls, and improvements in managing foreign workers’ information.

Asahi: Skimming off NJ trainees results in murder

Yet another tale about Japan’s hastily-instituted and poorly-regulated NJ guest-worker program. Procuring cheap foreign labor to keep J industry from relocating overseas or going backrupt, the Trainee and Researcher Visa program scams have resulted in various human and labor rights abuses, child labor, and now according to the article below even murder. Quick comment from me after the article:

Asahi: Update on NJ Trainee Worker program: reform or abolition? (UPDATED)

Justice Minister Jinen Nagase proposed that Japan move to accept unskilled foreign workers, a “personal idea” that has startled bureaucrats and complicated debate on reforming a problem-ridden trainee-intern program. The labor ministry wants to end unlawful labor practices associated with the program, while the industry ministry wants to help smaller companies that are having a tough time finding workers. Nagase called for the program’s abolition, rather than reform. The plan would, in effect, pave the way for unskilled workers to enter Japan under certain conditions. His original memos to Kasumigaseki scanned and included for the record.

J Times Jan 3 07 on foreign “trainees” facing chronic abuses

Launched by the government in 1993, the training and internship programs allow young foreigners to undergo language and other training for one year and to serve as interns at companies in Japan
for up to two years… In 2005 alone, as many as 80,000 young people came to Japan on the
programs. However, those in the programs are left unprotected by labor law. During the first year of training, monthly pay is limited to 60,000 yen — below the legally set minimum wage. Although monthly pay rises to around 120,000 yen over the internship period, employers often deduct management and other fees to cut net pay by tens of thousands of yen.

Tokyo Shinbun Dec 3 06, article on abuses of foreign Trainees and GOJ’s Kouno Taro policy prescription proposals

From the Tokyo Shinbun Dec 3, 2006. Excellent article rounding up the problems and the possible policy prescriptions regarding abusive treatment of foreign labor in Japan. NGO’s are even using the word “slave labor” (appropriately) to describe the situation.

Happy 2024: Japan Times: “Japan should aim to maintain population of 80 million by 2100”, says private panel of business interests. 24 years later, no new ideas, since it calls for rises in birthrates, not immigration, yet again.

JT: Amid concerns over rapid depopulation, a private panel has proposed that Japan should aim to have a stable population of 80 million by 2100 in order to maintain economic growth. Last April, the government released an estimate that the population would be reduced by half to about 63 million in 2100, with 40% of people expected to be 65 or older.

Japan has wrestled with the issue of a declining birthrate for decades, but the situation is about to “change drastically,” with the country now entering a serious phase of population decline, the panel, headed by Nippon Steel honorary chairman Akio Mimura and consisting of 28 members including prominent academics and business leaders, said Tuesday. […]

To avoid such a future, Japan needs to slow down the pace of the decline and eventually stop it, the panel said, adding that government strategy should focus on stabilizing the population at around 80 million by 2100. As of last month, Japan’s population was estimated to be 124 million. The panel carried out several simulations and argued that if the country raised the total fertility rate — the average number of children a woman gives birth to in her lifetime — to 1.6 by around 2040, 1.8 by around 2050 and eventually 2.07 by 2060, it could maintain a population of around 80 million by 2100.

COMMENT: Nothing new here when you have the same old people retreading the same old shinola to the same perpetually-elected party in power.  Getting all these people together to wish for a skypie solution of increasing birthrates (while somehow also boosting productivity) is silly, as it has already been proposed multiple times over the decades without success.  This is no way to craft public policy that actually solves a problem.

Indicatively, *once again* this report makes no mention of immigration, despite both the UN and then-PM Obuchi agreeing as far back as the *YEAR 2000* (see below) that immigration is inevitable to keep the economy going.  But as we saw afterwards in 2009, xenophobic politics intervened, and even Japan’s demographers are forbidden to mention foreign inflows as part of Japan’s domestic demographic science. (See My JT column on that here.) In conclusion, a quarter-century later nothing has been learned.

A further note:  Whenever you have business interests involved (as if they’re any experts on demographic engineering), the primary concern will be about business interests, i.e., profits and cheap labor.  Now remember what the likes of elite business lobby Keidanren wrought by bringing in foreign labor on exploitative revolving-door visa regimes since 1991 (the “Trainee” slave-labor program, for example).  Allowing the grubby little hands of Japan’s business lobbies any more input into future policy drives only guarantees more inhumanity, because with population drops and an elderly society come labor shortages.  Who will fill them?  Robots; but robots don’t pay taxes into the rickety national pension system.  So foreigners.  Hence business interests will only continue to advocate importing labor without ever letting foreign workers become permanent Japanese residents.

My SNA Visible Minorities 46: “Visible Minorities: Departing Japan at Middle Age” (May 15, 2023)

My latest column offers a frank assessment of living your life out in Japan as an immigrant. It of course can be done, but most of you will find that even after decades swimming against the current in terms of legal status and social acceptance, you will get no commensurate reward after all your efforts.  In fact, I found that life opportunities dwindle as you age in Japan, and you get locked into a dreary, impoverished lifestyle like most other elderly here. If you think you can avoid this situation, power to you, but I suggest you make your decision to stay permanently or not by age 40.  Good luck:

Excerpt: I lived in Japan for 24 years, married and had kids, became tenured faculty at a university, bought land, built a house, and learned the language and culture well enough to write books in Japanese and take out Japanese citizenship. In terms of trying to assimilate into Japan, I don’t think there’s a lot more I could have done. I was an ideal immigrant. But then, like Michael Penn at the Shingetsu News Agency, I too left Japan.

That’s both a pity and, in my case, an inevitability. Japan should be trying harder to keep people like us. It really doesn’t. The longer you’re in Japan, the more your opportunities dwindle. Let’s first talk about the natural obstacles to people staying on, starting with how difficult it is to keep a visa…

DEBITO.ORG NEWSLETTER AUGUST 22, 2022

Table of Contents:
REVISIONISM AND RECIDIVISM
1) Asahi: Okayama public prosecutors drop co-worker violence claim by Vietnamese “Trainee” despite video evidence. No wonder Japan’s violent bully culture thrives! (UPDATE: Out-of-court settlement was reached)
2) Japan Times on neighborhood sento bathhouse restoration activists: Omits history of how Japan’s already-declining public bath industry hurt itself with “Japanese Only” signs
3) Migrant Integration Policy Index rates Japan as “Integration Denied”, and “Critically Unfavorable” in terms of Anti-Discrimination measures. And this is for 2019, before Covid shut Japan’s borders.
4) Ministry of Foreign Affairs sets up “foreign media policing website” where anyone can report to J govt any foreign info “incompatible with our country’s standpoint”. Actually, quite within character.
… and finally …
5) My SNA Visible Minorities 36: “Abe’s Assassination and the Revenge of History” (July 18, 2022), on how his historical revisionism created a blind spot that ultimately killed him

Tokyo Musashino City fails to get local referenda voting rights for its NJ Residents (Dec 2021). Absorb the arguments of the national-level xenophobic campaign against it.

Here’s yet another example of a local government, a suburb of Tokyo called Musashino, trying to do what’s right for ALL of its residents (including those without Japanese citizenship) by getting their voice heard via voting in local referenda.  To stress:  These are votes on local, repeat, local referenda (i.e., they’re not actually *electing representatives*) — and the results are not even legally binding.  Moreover, according to a source below, 73% of the public supported the move (that is, before the xenophobes and alarmists stepped in to bully and scare the public). 

To stress:  These are votes on local, repeat, local referenda (they’re not actually *electing representatives*) — and the results are not even legally binding.  Moreover, according to the Takao source below, 73% of the public supported the move (that is, before the xenophobes and alarmists stepped in on a national level to bully and scare the public). So witness the typical alarmism behind sharing any political power in Japan.  The tactic is simple:  portray the granting of any voice in governance to non-citizens as a security issue.  The assumption then becomes that enfranchised foreigners will inevitably use their power to hurt Japanese citizens. Substantiating articles follow.  Trace the arguments pro and con within and see what I mean.  The article from the right-wing rag Japan Forward is of particular notice, reprinting the right-wing Sankei Shinbun’s blatant xenophobic editorial policies; as always it gives us a distillation of intellectualized racism.  An academic article as counterweight to the Sankei follows that.  A quote of note:

Takao:  “This backlash [to the Musashino policy proposal] highlights the LDP’s intention to allow more foreign workers to stay in Japan — to address labour shortages — while also suppressing their rights to maintain the image of a ‘homogeneous’ nation. The Japan International Cooperation Agency has indicated that Japan will need to quadruple the number of foreign workers to over 6 million by 2040 to sustain economic growth. But the civic and political participation of foreign residents in Japan is necessary for the sake of smooth social integration. Despite conservative protests, it is local authorities who are forced to step up, fill the vacuum and cope with the increasing pressure of foreign workers’ needs, which are not well addressed by the national government. Prospects for the further protection of foreign residents’ rights in Japan will hinge on effective policy coordination and leadership at the local level.”

“A Despotic Bridge Too Far”, Debito’s SNA Visible Minorities column 12 on Japan’s racist blanket ban on Foreign Resident re-entry, July 20, 2020

SNA (Tokyo) — How bad does it have to get? I’m talking about Japan’s cruelty and meanness towards its Non-Japanese residents. How bad before people think to step in and stop it?

I think we now have an answer to that due to Japan’s recent policy excluding only foreigners from re-entry at its border, even if they’ve lived here for decades, as a by-product of the Covid-19 pandemic. Japanese re-entrants get let in after testing and quarantine; no other G7 country excludes all foreigners only.

Consequently, many Non-Japanese residents found themselves stranded overseas, separated from their Japanese families, lives and livelihoods, watching their investments dry up and visa clocks run out without recourse. Or perhaps found themselves stranded within Japan, as family members abroad died, and the prospect of attending their funeral or taking care of personal matters in person would mean exile.

However, protests against this policy have been unusually mainstream, including institutions who have been for generations largely silent regarding other forms of discrimination towards foreigners in Japan. Consider these examples of how institutionalized and embedded racism is in Japan:

You’re probably aware that Japan has long advertised itself as a “monocultural, homogeneous society,” denying that minorities, racial or ethnic, exist within it. But did you know that Japan still refuses to include Non-Japanese residents as “people” in its official population tallies? Or to list them on official family registries as “spouses” of Japanese? Or that Japan’s constitution expressly reserves equality under the law for Japanese citizens (kokumin) in its Japanese translation? This complicates things for all Non-Japanese residents to this day…

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

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

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

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

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

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

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

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

DEBITO.ORG NEWSLETTER JUNE 30, 2019

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

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

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

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

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

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

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

DEBITO.ORG NEWSLETTER APRIL 18, 2019

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

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

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

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