Reuters on skater Yuko Kawaguchi: How Japan’s lack of dual nationality brands her a “traitor”

Posted on by Debito Arudou, Ph.D.

MOSCOW, Oct 14 (Reuters) – Yuko Kawaguchi was branded a traitor in her native Japan when she changed nationality to pursue her childhood dream of competing in the Olympics.

Since Japan does not allow dual citizenship, the figure skater was forced to give up her Japanese passport in exchange for a Russian one, enabling her and partner Alexander Smirnov to represent her adopted country at next year’s Winter Games in Vancouver…

While competing internationally for Russia required approval only from the sport’s governing body, the International Skating Union (ISU), she had to obtain Russian citizenship in order to take part in the Olympics.

COMMENT:Here’s another case of how Japan’s lack of dual nationality causes unnecessary hardship and sacrifice. Figure skater Yuko Kawaguchi has to give up her Japanese nationality in order to skate — and she reportedly gets branded a “traitor” for her trouble.

Japan puts enough pressure on its athletes to be world-class (sometimes demanding no less than a gold medal), and this lack of a “personal-best” culture (i.e. Japanese athletes have to become the pride or shame of the entire nation in any international competition) means many Japanese choke and crumble under the stress. Or in this case, give up their legal ties to Japan entirely. Silly. Then again, if Kawaguchi DOES get the Gold, we might claim her all over again (like we did the emigrant “Japanese” who got Nobel Prizes recently).

It’s time to get governments off their 20th-Century war footings (as in, “If we grant dual nationality , what if we go to war with that country? Which side will you choose?”) and allow individuals more options and identities. And nationalities. Because, again, international migration warrants that.

Sunday Tangent: China Daily on Chinese African-American girl facing racism in China

Posted on by Debito Arudou, Ph.D.

Sunday Tangent: It’s not only Japan that will have to deal with a multicultural, multiracial future. Lou Jing, the daughter of a liaison with a Chinese woman and an African-American, is having to deal with small minds on the other side of our pond. China has its share of internet bullies, it seems. Read on and see if there are any lessons here. One I can think of is: At least the (English language) media in China is brave enough to call it racism.

The Atlantic Monthly on mercenary child-retreivers, mentions Japan

Posted on by Debito Arudou, Ph.D.

Here are the lengths people will go to if there is no legal framework to enforce international child abductions: even hire a professional to retrieve your child. From The Atlantic Monthly November 2009, courtesy of Children’s Rights Network Japan. This is it, the big leagues.

Congratulations, left-behind spouses. You’ve hit a home run with this issue. All these years talking and writing about the Otaru Onsens Case and “JAPANESE ONLY” signs proliferating across Japan, and pffft — few countries really press Japan nowadays to enforce the UN CERD. Yet here practically overnight you’ve got US Congressional and State Department hearings, and Diet lobbying, and worldwide press. You’ve put Japan into the international spotlight over a problem just as long-suffering as racial discrimination in Japan. I guess Chris had to get arrested before it would happen, alas.

It will probably will get the GOJ to sign the Hague. Getting us to enforce it, however, is another matter. Keep on it.

Speaking at Japan Writer’s Conference Sat Oct 17, Doshisha Women’s Univ. On how to write quickly, concisely, & with panache

Posted on by Debito Arudou, Ph.D.

Handout for my upcoming talk in Kyoto at the Japan Writer’s Conference. Introduction:

I write a lot. Five books, umpteen academic essays and chapters, a daily diary for more than a decade, and a blog entry basically every day for more than three years. In addition to thousands of essays (all archived online at Debito.org), I write two columns a month for newspapers plus exposition for other venues upon request. I pound out a good 1500 words every day, never suffering from “Writer’s Block”.

Howcum? Here are my tricks…

Joseph pieces together plausible timeline in Savoie Case, finds for Christopher

Posted on by Debito Arudou, Ph.D.

I received this comment early this morning from “Joseph” regarding the Savoie Case, piecing together with a minimum of speculation a plausible timeline for what happened between Christopher and Noriko. It’s too good to be buried as a comment, so I create a separate blog entry for it. He finds for Christopher, concluding:

In Japan, sole custody is awarded to one parent, and one parent only. This means that if there is a messy divorce, as it appears to be in this case, and the mother doesn’t want to allow the father to see his children, there is nothing that can be done. Period. Christopher was obviously well aware of this, and knew that if he wanted to have any access to his children, he needed to have his divorce here.

Noriko, with full knowledge of Amy, came here specifically for the purpose of getting that divorce – she was not “tricked” into it. She came here, she had her day in court, she received a large financial settlement, she repeatedly assured the court that she had no intention of removing the father from his childrens’ lives, and then she went ahead and did just that. She took the children away, took the money, and now she happily spends her days walking the children to and from school, while he spends his being interrogated in jail. He sits there knowing that, as the Japanese courts always favor the Japanese parent in these cases, he will in all likelihood never see his children again.

The Toland Child Abduction Case: making waves in the wake of the Savoie Case

Posted on by Debito Arudou, Ph.D.

I’ve been following another case of child abduction to Japan, that of Paul Toland, US Navy Commander, who lost his daughter Erika to an international divorce with a Japanese seven years ago. Then when his ex-wife died two years ago, custody went not to the only surviving parent in existence, but to the Japanese mother-in-law! Background follows, but Toland has been pushing on both sides of the Pacific for reforms, and he just might succeed. Keep an eye on this one. Media from Facebook (in Toland’s own words), a CNN interview, and news of the lobbying taking place at the Diet follows.

Foreign Policy.com on Savoie Case: US Govt advised father Chris to get children to Fukuoka Consulate! Plus lots more media.

Posted on by Debito Arudou, Ph.D.

Foreign Policy.com reports something interesting, and if true, exposes a deeper grain of irresponsibility within the USG:

“Even before Savoie traveled to Japan, he contacted the State Department’s Office for Citizen Services to ask for advice on how to get his children out of Japan. State Department officials advised Savoie that because a U.S. court had awarded him sole custody on Aug. 17, he could apply for new passports for the children if he could get them to the Fukuoka consulate.”

Well, that didn’t happen. More media (not only on Savoie Case) in this blog entry, including accusations of Savoie being tortured in prison (it would be tantamount to such under international standards, as the UN has stated about Japan in the past), a divorced international family containing a child with a medical condition being financially strangled by court limbo, and Noriko Savoie reportedly complaining that she was treated “like a babysitter” and cheated out of money in the divorce settlement! Boy I’m glad I’m not a divorce lawyer.

JK: recent moves by Japan’s Immigration Bureau that seem like loosening but not really

Posted on by Debito Arudou, Ph.D.

Minister grants Chinese daughters of Japanese war orphan permission to stay in Japan

JK COMMENTS: But this is a hollow victory at best because the 在留特別許可 that was fought so hard for is only good for a year *and* with strings attached:

“Kana, 21, a first-year student at Tezukayama University, and Yoko, 19, also in her first year at Osaka University of Economics and Law, were given long-term resident visas good for one year. The visa conditions allow the sisters to work in Japan, take trips outside the country, and may be renewed if the sisters can provide for their own livelihoods.”

This whole situation is just plain wrong on so many levels — the sisters landed in Japan when they were 9 and 7 and are now attending college. The two are de facto Japanese citizens, and yet it took 6 years of churn and an act of God (well, almost!) just so that they can stay in Japan for another year on a short leash. If the archipelago was about to burst at the seams with humanity, I could understand the need for all the wrangling, but as we all know this simply isn’t the case, and in fact the opposite is true, which is why the government needs to stop picking nits already!

Tangent: Japanese family wants to become naturalized Korean citizens

Posted on by Debito Arudou, Ph.D.

JoongAng Daily: The Masashi family’s five children are fully Japanese, but think like Koreans. They can speak their mother tongue but are more fluent in Korean. They have been to Japan but have lived in Korea all their lives. Now, the family is trying to become naturalized as Korean citizens.

Their parents, Ananose Masashi, 47, and his wife Kazuko, 46, came to Korea in 1989, a year after they got married. Like many newlywed couples before them, they started their new life in Seoul. They eventually decided to set up their own Japanese translation and interpretation company…

McDonald’s “Mr James” in 週刊金曜日：「白人」への偏見を助長　マックCMに抗議の声

Posted on by Debito Arudou, Ph.D.

日本マクドナルドが八月から展開しているNIPPONALL STARSキャンペーンのキャラクター「Mr. ジェームス」に対し、「偏見と固定観念に満ちたガイジン像」と在日外国人らが抗議している。

白人扮するMr. ジェームスは架空の人物で、「昔訪れた日本の魅力を忘れられず娘の留学についてきたオハイオ生まれの四三歳」との設定。バーガーを味わうために全国を回り、その様子を、カタカナとひらがなの奇妙な日本語で日々ブログにアップしている。

人種差別と指摘される点は、彼のカタカナ日本語と「元気なオタク」のイメージ。NPO法人日本永住帰化移民住民協会の有道出人会長は、「外国人は日本語を話すことができない、という印象を強めるだけ。彼の外見も、日本在住の白人には恥ずかしいもの。努力して日本語を学び、長年ここに暮らしても、所詮“ガイジン”扱いしかされない。国際感覚があまりにも欠如し、子どもに与える影響も大きい」と憤慨する。

Letter to San Francisco Human Rights Commission re Japan Times letter to the editor from exclusionary landlord

Posted on by Debito Arudou, Ph.D.

Here’s a letter I emailed to San Francisco two days ago re a Letter to the Editor of the Japan Times. The author claims to engage in discriminatory practices in the US. If he is a real person, at a real company, then let’s hope San Francisco’s Human Rights Commission investigates and writes back. Worth a try. Feel free to email the HRC yourself, email address included.

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

Posted on by Debito Arudou, Ph.D.

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.

DEBITO.ORG NEWSLETTER OCTOBER 8, 2009

Posted on by Debito Arudou, Ph.D.

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

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

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

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

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

Query: Driver License schools now doing Immigration’s job too, checking NJ visas? (UPDATE: Also at Postal Savings)

Posted on by Debito Arudou, Ph.D.

I got this email on October 5, 2009 from a reader who asks if Driver License schools are requiring three items of proof of valid visas from NJ before letting them take their driver’s ed classes? I said this is the first I’ve heard. Anyone else out there hearing that? Anyone even heard of the document called a “Kisai Jikou Shoumeisho”. Read on:

YouTube: right-wing xenophobia: how the rightists will resort to intimidation and even violence to shut people up

Posted on by Debito Arudou, Ph.D.

One thing I’ve noticed in this modern day is how the Internet can get around the press and show you things that editors would rather you not see, as the modus operandi of certain elements within Japan’s debate arena is embarrassing and hypocritical (especially when you expect the image of perpetual calm and civility in Japan’s “safe society”).

Not when you take it to the streets. Demonstrators here are pretty nasty when they’re expressing xenophobic views. Footage of two street demonstrations against the vote for Zainichis (one of which resulted in violence), plus a bonus round of Tokyo Gov Ishihara resorting to deligitimizing a question during a press conference because it allegedly came from a foreigner (he even questions the nationality of the questioner as if somehow unpatriotic because it went against his Tokyo Olympic plans).

These things might not make headlines. But they continue to bubble under the surface in this society. It’s amazing how these people who use their right of free speech to express xenophobic views are all to eager to silence the other side — with violence if necessary.

Japan Times JUST BE CAUSE on Savoie Child Abduction Case and Japan’s “Disappeared Dads”

Posted on by Debito Arudou, Ph.D.

Japan Times: But as with all social problems left to fester, things are only getting worse. U.S. Congressman Chris Smith announced Sept. 29 that reported child abductions have increased “60 percent in the last three years.” No doubt contributing to this rise is the grapevine effect among expat Japanese — a quick Web search shows that all a potential abductor needs do is board a plane to Japan and they’re scot-free.

Injustice breeds drastic actions. How long before a vigilante parent takes the law so far that somebody gets injured or killed?

Japan wants to avoid a demographic nightmare as its population drops. International marriage is one solution. But this threat of abduction is now a prime deterrent to marrying any Japanese. One domestic spat with a threat to kidnap the kids and conjugal trust is permanently destroyed.

But just signing the Hague convention won’t fix things. Japan has, after all, inked umpteen international treaties (like the above-mentioned UNCRC), and ignores them by not enacting enforceable domestic laws. I don’t anticipate any exception here: Japan giving more parental rights to non-Japanese through treaties than they would their own citizens? Inconceivable.

What’s necessary is more radical…

SOUR STRAWBERRIES Cinema Debut Oct 10th-30th every day, Cine Nouveau Osaka Kujo

Posted on by Debito Arudou, Ph.D.

We are happy to announce that the critically acclaimed documentary “SOUR STRAWBERRIES – Japan’s hidden »guest workers«” will have its premier in a cinema in Japan at Osaka’s Ciné Nouveau in Kujo.

The first screening will be on Saturday, 10th October 2009 at 10:30 am. Director Tilman König will be present and happy to answer questions from 11:30 onwards.

The discussion will be held in Japanese. Questions in English and German will be answered as well.（日本語でのアナウンスメントもあり）

“SOUR STRAWBERRIES – Japan’s hidden »Guest Workers«”, a movie by Tilman König and Daniel Kremers, G/J 2008, 56 min, color, 16:9. Original in German, Japanese, Chinese, English with English and Japanese Subtitles.

Everyday from October 10th to October 30th 2009.

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

Posted on by Debito Arudou, Ph.D.

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

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

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

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

CNN on the upcoming documentary FROM THE SHADOWS re Japan’s Child Abductions issue

Posted on by Debito Arudou, Ph.D.

CNN did a feature on upcoming movie ‘From the shadows’ 2:05
A new documentary follows children abducted by their parents. CNN’s Kareen Wynter reports.

http://edition.cnn.com/video/#/video/showbiz/2009/09/30/wynter.abductions.doc.cnn?iref=videosearch

Want to see more of this important movie (I’ve been a supporter of it for years)? Go to http://www.fromtheshadowsmovie.com/

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

Posted on by Debito Arudou, Ph.D.

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

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

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

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

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

Posted on by Debito Arudou, Ph.D.

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

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

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

More media on the Savoie Case (CNN, CBS, Stars&Stripes, AP, BBC, Japan Times, local TV). What a mess.

Posted on by Debito Arudou, Ph.D.

Here is some more media on the Savoie Child Abduction Case. Although the case is certainly a lot messier than it was 48 hours ago (divorces are like that; neither adult is blameless), the media is starting to report more on husband Christopher’s apparent Japanese citizenship and wife Noriko’s loneliness and financial dependence on him in the US (even though she reportedly received a sizeable sum of close to $800,000 USD from the divorce).

Also coming to light is that the US State Department’s policy on issues such as these: “U.S. consular officers are prohibited by law from providing legal advice, taking custody of a child, forcing a child to be returned to the United States, providing assistance or refuge to parents attempting to violate local law”. They have, according to Japan’s Ministry of Foreign Affairs, quoted in Stars & Stripes, not asked Japan to release Savoie.

In sum, the case and the reportage on it is a mess. As more information comes to light about the Savoie Case, I will admit for the record, in all intellectual honesty, that there are a number of circumstances that, as commenters point out, detract from supporting husband Christopher as a “poster child” for the push to get Japan to sign the Hague Convention. But unfortunately divorces are messy things. I’ll probably write an apologia (not an apology, look up the word) tomorrow on the case.

Court Transcripts of Christopher vs. Noriko Savoie re child abduction

Posted on by Debito Arudou, Ph.D.

What follows are excerpts from the court testimony of Christopher Savoie vs Noriko Savoie, indicating the bad-faith negotiations that took place. The messy circumstances notwithstanding, we have clear promises from Noriko that she will not abduct the children, and that her trip to Japan would be for no more than six weeks.

So the retraining order against Noriko gets lifted, and Noriko absconds with the kids. That is the background to the case. Her current extraterritoriality notwithstanding, she broke the law, and now there’s an arrest warrant out on her. That’s what occasioned Christopher taking the drastic actions that he did.

Now, speaking as a left-behind parent myself might be coloring my attitude towards this issue. But divorces are nearly always messy and fault can be found with both sides in mediations. And the fact remains that Noriko did what so many Japanese will do in these situations — abduct the children and claim Japan as a safe haven. Then the children are NEVER returned, and usually contact is completely broken off with the left-behind parent for the remainder of the childhood.

This is an untenable situation. And it must stop. For the sake of the children. This in my mind is undisputable. The children must be returned to Dr Savoie in order to discourage this sort of thing happening again. Anything else is just more encouragement for Japanese to abduct their children.

Candlelight vigil re Christopher Savoie arrest Sat Oct 3 2PM outside Japanese Embassy to US in Wash DC (corrected)

Posted on by Debito Arudou, Ph.D.

“Rally and Candelight Vigil to Free Christopher Savoie” on
Saturday, October 3 at 2:00pm.

Event: Rally and Candelight Vigil to Free Christopher Savoie
What: Rally
Start Time: Saturday, October 3 at 2:00pm
End Time: Saturday, October 3 at 5:00pm
Where: In front of the Japanese Embassy to the United States

US Congressman Chris Smith (R-NJ) calls for action against Japan’s child abductions, introduces legislation to US Congress

Posted on by Debito Arudou, Ph.D.

US Rep Chris Smith: “International child abduction violates the rights of the left behind parent and the rights of the child to know both parents,” said Rep. Chris Smith (NJ-04), a senior Member of the House Foreign Affairs Committee and a Congressional Representative to the United Nations. “Sadly, international child abductions are on the increase. In the last three years, reported international child abductions have increased 60 percent.”

“My legislation, HR 3240 empowers the United States to more aggressively pursue the resolution of abduction cases,” Smith said. “Our current system is not providing justice for left behind parents or for children whisked away from their mom or dad. Congress must act so that more children are not further traumatized by parental abduction.”

Key provisions of the Smith legislation include:

Requires the President to respond with a range of mutually reinforcing penalties, including sanctions against a country, when that country has shown a pattern of non-cooperation in resolving child abduction cases
Creates the position of Ambassador at Large for International Child Abduction within the State Department to advise the Secretary of State and raise the profile of the more than 2,800 children who have been abducted.
Empowers the Ambassador at Large to pursue additional legal frameworks abroad, including bilateral agreements with countries that have not yet acceded to the Hague Convention on the Civil Aspects of International Child Abduction.
Authorizes greater resources for a new office within the State Department to better assist left behind parents and expand the State Department’s ability to collect detailed information on abductions.
“Child abduction is child abuse,” Smith said. “The kidnapped child is at risk for serious emotional and psychological problems. As adults, they may struggle with identity issues, their own personal relationships and parenting.

CNN and NBC TODAY Show: American attempts to recover his abducted kids, is turned away from Fukuoka Consulate, arrested for “kidnapping”

Posted on by Debito Arudou, Ph.D.

An American named Christopher Savoie faced a case of child abduction when his Japanese ex-wife Noriko did something that is increasingly coming to light (and has been featured prominently on Debito.org in the past): abducted their children to Japan.

Japan has now become truly infamous as a haven for international child abductions, due not only to its non-signatory status vis-a-vis the Hague Treaty on International Child Abductions, but also because its problematic koseki Family Registry system enables one parent sole custody of the kids (and no visitation rights — I know: I’m divorced, and despite Japanese citizenship, I’ve seen one of my daughters all of *once* over the past close to five years): abduction and lack of contact in Japan happens regardless of nationality, but it’s particularly disadvantageous for NJ because they don’t even have a koseki to put their children on (not to mention the difficulty of conducting an intercontinental custody battle).

This issue has been brought up numerous times internationally over the years, to a lot of handwringing (and some biased domestic media coverage) on the part of Japan. Consequently, no abducted child to Japan, according to a number of embassies and and the upcoming documentary FROM THE SHADOWS, has EVER been returned. Even though, in Mr Savoie’s case, he was awarded custody of his children by a Tennessee court, and there is an arrest warrant out for his wife in the US.

So Mr Savoie did something I consider very brave. He came to Japan and tried to retrieve his children. He put them in his car and did a runner for the Fukuoka US Consulate. However, according to online and word-of-mouth sources familiar with this case, the American Consulate would not open the gate for him. I’ve known for quite some time that the USG is quite unhelpful towards its citizens, but this is getting ridiculous. Especially since the children are also US citizens.

Mr Savoie was then arrested by Japanese police and charged with kidnapping — a charge that may incarcerate him for up to five years, and his outcome at this writing remains uncertain.

But it’s about time somebody took a stand like this, if you ask me, since no other channels are working (witness what happened in the very similar Murray Wood Case), and nothing short of this is probably going to draw the attention this situation needs. Bravo Mr Savoie!

Links to videos from CNN, NBC’s TODAY Show, and a local TV network doing fine investigative journalism, plus copious archives and real-time updates at the Children’s Rights Network Japan all blogged here. The latest: CNN reports the GOJ claiming Savoie is a naturalized Japanese citizen!

DEBITO.ORG NEWSLETTER SEPTEMBER 30, 2009

Posted on by Debito Arudou, Ph.D.

SPECIAL ON THE OTARU ONSENS LAWSUIT, TEN YEARS ON:
Table of Contents:
1) INTRO ESSAY: What the case means even today, Article for Japonesia Review
2) Index of online study aids of media on the event
3) YouTubed: News Station Oct 12, 1999 on Ana Bortz Verdict YouTubed
4) YouTubed: HBC award-winning broadcast Mar 27, 2001 creates contentious dichotomies
5) YouTubed: “KokoGaHen” Feb 28 2001 and their critique of us plaintiffs
6) YouTubed: J Media reportage of the Feb 1, 2001 Lawsuit Filing in Sapporo District Court
7) YouTubed: How the J media whipped up fear of foreign crime from 2000 and linked it with lawsuit
8 ) CONCLUDING ESSAY: How the debate still rages on, article by TransPacific Radio

… and finally …
9) Sunday Tangent: SAPPORO SOURCE DEBITO Column on Zombie Movies

PS: See my next Japan Times JUST BE CAUSE Column October 6, 2009 on Tokyo’s Olympic Bid
(we’ll know Oct. 2 whether or not they get it).

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)

Posted on by Debito Arudou, Ph.D.

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!

Terrie’s Take on Tokyo’s 2016 Olympic bid, decision due Oct 2. Debito.org wa hantai.

Posted on by Debito Arudou, Ph.D.

Something coming up next week of surprising interest to Debito.org: Guv Ishihara’s pet project to bring the 2016 Olympic Games to Tokyo. We’ll hear the decision on October 2. Here’s where Debito.org stands:

While understandable a sentiment (what booster wouldn’t want to bring such a probable economic boon home?), Debito.org has been unflinching in its criticism both of Ishihara (for his xenophobic rantings over the years, start here) and of the Tokyo Police (keishicho), who will no doubt be given charge of the security at the event. As history has shown repeatedly (G8 Summits, overt and unapologetic racial profiling — even public scapegoating of NJ, border fingerprinting justified on bigoted grounds, deliberate misconstruing of crime data to whip up public fear, even spoiling one of the last Beatles concerts!), you don’t want to hand over matters of public security to a police force without proper checks and balances — because as even Edward Seidensticker noted, Keishicho will convert Tokyo into a police city if the event is big enough. The Olympics is just that, and it really complicates things by bringing in foreigners, for the police get particularly anal when they feel the outside world is watching.

Terrie below (understandably) hopes Tokyo gets the Olympics. I, for the record, hope it doesn’t. It’s not because I live in Sapporo (I would have mildly supported Fukuoka’s bid, even despite the NPA, simply because Fukuoka never had the chance — unlike Sapporo — to be an Olympic host). But the fact remains, as Terrie alludes to below, this is just a vanity project for one mean old man, working through Japan’s elite society to get what he wants, who feels as though he’s got one good deed to redeem all his bad works and ill-will over the years. Don’t fall for Ishihara’s ego, IOC. Spare Tokyo, its tourists, and its ever-more-policed international residents. Give the Olympics to somebody else.

The Corbett Report interview on the new RFID Gaijin Cards

Posted on by Debito Arudou, Ph.D.

James Corbett: September 19, 2009 1:15:41 PM JST
Debito, thank you once again for taking time out of your day in Okayama to talk with me about the fingerprinting and IC card issues. The documentary itself is of course still in production, but I have extracted a few minutes from our interview and put it on YouTube. You can watch the video directly here…

Also, I’ve written an article that incorporates that video and some of your comments on the IC chip-enabled ID issue. That article is available from the “Articles” tab of the corbettreport.com homepage and the direct link is:…

Otaru Onsens 10th Anniv #6: How the J media whipped up fear of foreign crime from 2000 and linked it with lawsuit

Posted on by Debito Arudou, Ph.D.

In Part Six of this retrospective on the Otaru Onsens Case a decade on, I talk about how the J media misinterpreted the issues revolving around the “JAPANESE ONLY” signs up at Otaru Onsen Yunohana et al., and how they wound up fanning the fires of exclusionism by spreading fear of foreigners (particularly vis-a-vis foreign crime).

As I chart in book “JAPANESE ONLY”, when we first started this case in September 1999, NJ were seen as “misunderstood outsiders”, impaired by “culture” as their monkey on their back. But following GOJ policy putsches by politicians like then-PM Koizumi and Tokyo Gov Ishihara (who in April 2000 famously called upon the Nerima SDF to prepare for “foreigner roundups” to prevent riots in the case of a natural disaster), NJ became a public threat to Japan’s safety and internal security (even though NJ crime was always less than J crime both as a proportion and of course in terms of absolute numbers). Then more doors slammed shut and more signs barring NJ from entry went up — some of them direct copies of the signs in Otaru. Hey, as those onsens indicated, exclusionary signs are not illegal.

Thus, although we made progress in the first six months of the Otaru Onsens Case, getting signs down in two of Otaru’s three exclusionary onsen, we could not compete with the national government and media saturation, and lost all the ground we gained and then some. The media’s overfocus on NJ crime to this day affects the debate regarding assimilation.

Embedded videos of how the media could not escape linking NJ rights with foreign crime follow.

Otaru Onsens 10th Anniv #5: How the debate still rages on, article by TransPacific Radio

Posted on by Debito Arudou, Ph.D.

TPR: In the ten years since the case, much has changed and debate over Arudou’s goal and tactics continues apace. As with any heated issue (and human rights issues are always heated), the disagreements range from perfectly legitimate concerns to objections that are, to put it nicely, based on misinformation or incorrect assumptions.

It is no secret that Arudou has many critics (in the interest of disclosure, it is worth it to point out that while we here at TPR pull no punches with the man and feel it necessary to play Devil’s Advocate at the least, we do know him sociably and will say that, politics aside, he’s a likable guy – just exercise caution before bringing up the topic of Duran Duran.) It is also no secret that, for a variety of reasons, his most vocal critics are almost entirely non-Japanese.

Among the most high profile of those critics is Gregory Clark, whose column in the Japan Times gives him perhaps a wider audience than most other writers on the topic. On January 15th of this year, Clark wrote a risible and deeply disingenuous column for the paper headlined “Antiforeigner discrimination is a right for Japanese people”.

In the column, Clark tries to paint a picture of a contemptible rabble-rousing jerk that he very clearly hints is Arudou (it’s not. As far as we can tell, there is no such person as the one Clark is writing about.) Wondering at Clark’s vitriol and some of his more outlandish statements, this observer settled on the following paragraph: (…)

Otaru Onsens Case 10th Anniv #4: J Media reportage of the Feb 1, 2001 Lawsuit Filing in Sapporo District Court

Posted on by Debito Arudou, Ph.D.

In Part Four of this retrospective on the Otaru Onsens Case a decade on, I talk about how the J media received and reported on our filing of the lawsuit against Otaru Onsen Yunohana on February 1, 2001. The answer: Not well. Comment from me follows embedded videos about the disingenuousness of Otaru Onsen Yunohana, the City of Otaru, and the very media itself.

4) HBC NEWS (Locally broadcast March 27, 2001) on the OTARU ONSENS LAWSUIT FIRST HEARING (3 minutes). Otaru City claims impunity from CERD responsibilities due to local govt. status, while Yunohana Onsen tries to claim it was the victim in this case.

5) VARIOUS NEWS AGENCIES (Dosanko Wide, Hokkaido News, STV, and HBC) with various angles on OTARU ONSENS LAWSUIT FILING (Locally broadcast February 1, 2001) (15 minutes total). NB: HBC contains the only public interview given by Defendant Yunohana Onsen owner Hashimoto Hiromitsu. This interview was given live (the only way Hashimoto would agree to be interviewed, so that his comments would not be edited, according to reporter sources), where he states that he has never met us (of course; he always refused to meet us; the only time we would ever cross paths would be November 11, 2002, in the courtroom, when the Sapporo District Court came down in Plaintiffs’ favor).

Otaru Onsens Case 10th Anniv #3: “KokoGaHen” Feb 28 2001 and their critique of us plaintiffs

Posted on by Debito Arudou, Ph.D.

OTARU ONSENS TAPE (1999-2003) PART THREE
3) TV ASAHI tabloid show “KOKO GA HEN DA YO NIHONJIN”, on exclusionism in Wakkanai, Monbetsu, and Otaru (Nationally broadcast Feb 28, 2001) (16 minutes). Complete with brickbats for the Plaintiffs for filing suit from the screaming foreign panelists.

If you would like to download and watch this broadcast in mp4 format on your iPod in one part, click here: There is also a complete transcript and English translation here:

COMMENT: I remember clearly three things about that evening:

1) That ALL the panelists (the half-baked comment from Terii Itoh notwithstanding) on the Japanese side of the fence were very supportive — in fact, they wished us luck and success in the lawsuit.

2) That ALMOST ALL of the panelists on the NJ side did the same. In fact, it looked in danger of becoming a boring debate because it seemed so cut and dried. It was a tiny minority who stood up to offer brickbats.

DEBITO.ORG NEWSLETTER SEPTEMBER 22, 2009

Posted on by Debito Arudou, Ph.D.

Table of Contents:
PROMISING DEVELOPMENTS
1) TransPacific Radio gives background on PM Hatoyama Cabinet members
2) Eikaiwa NOVA embezzler and former boss Saruhashi gets his: 3.5 years
3) Activism: New documentary “The Cove” on dolphin slaughters in Taiji, Wakayama Pref
4) Terrie’s Take on recent new rulings on tenants’ rights in Japan
5) Yomiuri: UN set to criticize Japan for lack of gender equality and flawed marriage law (read: child abductions after divorce)

LESS SO
6) Narita cops allegedly stopping newly-arrived “foreigners” for passport checks before boarding Narita Express trains
7) Another way of stealing children in J marriages: legal adoption
8 ) LA Times: “Charisma Man: An American geek is reborn in Japan”

DOING SOMETHING ABOUT IT
9) Community’s DMG on how he dealt with too much neighborhood construction noise
10) TheWorldGame.com on why Brazilian footballers in Japan are so footloose
11) Bumping into Ramos Rui, one of my heroes, by chance in Nagoya
12) Japan Times interviews Dave Spector on Japanese Media
13) Interview by JapanTechTalk on NJ rights, courtesy of Mondo Books Nagoya
14) Discussion: What do you think about offers of special discounts for NJ? (Blog poll included)

… and finally …
15) Sapporo Source DEBITO column Sept 09 on “albums” vs “tracks” culture (full text)

Otaru Onsens Case 10th Anniv #2: HBC award-winning broadcast Mar 27, 2001 creates contentious dichotomies

Posted on by Debito Arudou, Ph.D.

OTARU ONSENS TAPE (1999-2003) PART TWO
2) HBC TV award-winning documentary on OTARU ONSENS CASE (Locally broadcast March 27, 2001). Gives the most thorough rundown of the issue and expresses the issue from a more “Japanese point of view” (i.e. the issue less in terms of racism, more in terms of cultural differences). 50 minutes, six parts on embedded YouTube or download one mp4 file from Debito.org to play on your iPod.

COMMENT: We have a decent establishment of the issue in part one, then in subsequent parts we have a whole bunch of pundits claiming this is a “cultural issue” (meaning misunderstandings of our unique J culture make refusals of NJ inevitable to some). Or that it’s a Hobson’s Choice between “human rights of the NJ” and “the survival rights of the business” (which was always a false dichotomy — borne out in retrospect that none of the onsens have gone bankrupt since taking their signs down; quite the opposite in the case of Defendant Yunohana).

What happens is that the show becomes a”Japanese vs Non-Japanese” thing, where we get lots of old J men and women etc. saying how much they dislike NJ, vs NJ bleating about their rights despite having allegedly different and disruptive bathing rules. We even have Tarento Daniel Carr coming off all sycophantic — blaming NJ for their plight and pointing out their foibles. Teeth begin to itch before long.

Nowhere in the show is there anyone J saying, “Look, all you have to do is kick out those who don’t follow the rules. It’s not a matter of nationality at all. Just a matter of ill-mannered people, which is an individual matter, not a cultural matter.” But no. That would remove the drama that TV news reports are such suckers for, alas.

Otaru Onsens Case 10th Anniv.#1: News Station Oct 12, 1999 on Ana Bortz Verdict YouTubed

Posted on by Debito Arudou, Ph.D.

OTARU ONSENS TAPE (1999-2003) PART ONE
CONTENTS WITH TEACHING NOTES
1) TV ASAHI NEWS STATION on ANA BORTZ DECISION (Nationally broadcast October 12, 1999) (10 minutes). National broadcast. Describes the first court decision regarding racial discrimination in Japan, citing the UN Convention on the Elimination of Racial Discrimination, and the fact that Japan has no law against racial discrimination. Imbedded video and mp4 format for viewing on iPods available.

COMMENT: What’s remarkable about this broadcast is how thoroughly it describes the Bortz Case and the UN CERD. Also the videotape, from Sebido Jewelry Store security cameras in Hamamatsu, showing the owner refusing Ana quite forcefully. It is the most sympathetic broadcast to come out during the Otaru Onsens Case, and unfortunately it would come at the very beginning, before the media really lost the point.

The Ana Bortz Lawsuit would inject new energy into the Otaru Onsens Case (which first started in earnest on September 19, 1999, about a month before), offering positive legal precedent for the onsens to take their signs down. Shortly afterwards, one did (Onsen Panorama). The other two, Onsen Osupa, would take until March 2000 and a lot of beers and making friends with the owner. The last one (in Otaru, at least), Onsen Yunohana would take until January 2001, nearly fifteen months and a lot of events later, on the day that we announced that we would be suing them. Then, and only then, and Yunohana only replaced it with a new set of exclusionary rules. It would take several years to prove this, but these moves would be a losing formula for them in court. More in my book JAPANESE ONLY.

OTARU ONSENS 10th ANNIVERSARY SPECIAL: Index of online study aids of media on the event

Posted on by Debito Arudou, Ph.D.

This week I will continue a retrospective on the Otaru Onsens Case, with links to media I collected nearly a decade ago, charting the course of the debate, and how it went down a path that in fact ultimately encouraged people to discriminate. The full arc in my book JAPANESE ONLY, but here is a list of primary sources for your viewing pleasure.

If possible (my friend KM is also supposed to be on holiday, but he’s the one who has kindly converted my analog recordings into digital and YouTubed it), I will put up a link to each media every day, the first one this evening. There is also a DVD I can burn for those who wish to use this for an educational purpose (contact me at debito@debito.org).

Here’s an outline of the media I have when I first offered this as a study aid three years ago:

TransPacific Radio gives background on PM Hatoyama Cabinet members

Posted on by Debito Arudou, Ph.D.

Hatoyama Officially becomes PM, Names Cabinet
TransPacific Radio.com Filed under: Japan in the News, Politics
Posted by Garrett DeOrio at 11:18 am on Thursday, September 17, 2009

As expected, Yukio Hatoyama officially became Japan’s 93rd Prime Minister yesterday and just the second since the long-ruling Liberal Democratic Party was founded not to belong to it. Just as importantly, after roughly two weeks of managing to keep the press at bay and leaking little, if anything about the make-up of the new Cabinet, the new Prime Minister formed the first Cabinet since 1955 to contain no LDP members.

In fact, as promised, the new Cabinet is made up entirely of elected representatives. Every portfolio went to a DPJ member, with only two positions going to the DPJ’s partners: State Minister in Charge of Consumer Affairs and the Declining Birthrate to SDP head Mizuho Fukushima and State Minister in Charge of Financial and Postal Issues to People’s New Party chief Shizuka Kamei.

So, without further ado, the Cabinet:

Yukio Hatoyama, Prime Minister…

Tangent: Wash Post’s Mensa invitational on coining new words and meanings

Posted on by Debito Arudou, Ph.D.

As a complete diversion on a Sunday, when it’s too nice to stay inside (and probably few are reading this due to the rare September 5-day weekend here in Japan), here is a tangent, sent me by James in Monbetsu. As an aficionado of words and word play (gotta be for my writing), got a big kick. And I’m happy to say that due to years of blogging, I’ve come up with the word “sarchasm” on my own:

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

Here are the winners of this year’s Washington Post’s Mensa Invitational which once again asked readers to take any word from the dictionary, alter it by adding, subtracting, or changing one letter, and supply a new definition:

1. *Cashtration* (n.)…

THE OTARU ONSENS LAWSUIT, TEN YEARS ON: Article for Japonesia Review

Posted on by Debito Arudou, Ph.D.

Today is the tenth anniversary of our visit, on September 19, 1999, to “Japanese Only” Yunohana Onsen et al in Otaru, a life-changing event that to this day has not been fully resolved — mainly because we still don’t have a law against racial discrimination in Japan. This situation remains more than 13 years after Japan effecting of the UN Convention on the Elimination of Racial Discrimination, where it promised to take “all measures, including legislation” to effectively eliminate all forms of RD. And it deserves comment and reflection after years of protests, two books, countless articles, and successful lawsuits against the onsen (albeit not against the negligent City of Otaru).

My thoughts on this day are bittersweet. I know we did the right thing (as Olaf noted, when I called him today, people are still talking about the case), and we had a good outcome in court. But I judge things like this based upon whether or not they could ever happen again. The answer is, unfortunately, yes. After all, all Yunohana Onsen has to do is put up another “Japanese Only” sign and we’d have to take them to court all over again just to get it down. There is no law to stop it, nothing for authorities to enforce. Ten years later, it feels more overdue now than in 1999.

TITLE: THE OTARU ONSENS LAWSUIT: TEN YEARS ON

What has and has not changed regarding human rights for Non-Japanese in Japan…

DEBITO.ORG NEWSLETTER SEPTEMBER 18, 2009

Posted on by Debito Arudou, Ph.D.

SPECIAL ON EXCLUSIONISM AND TARGETING
EXCLUSIONISM
1) Mainichi: Shizuoka bureaucrats force Brazilian woman to take “Repatriation Bribe”
2) American journalist banned from “Japanese Only” Toyota press conference in America!
3) Kyodo & JT: Osaka JH school reluctantly takes preteen NJ kid despite teacher opposition!
4) J population drops, Internal Ministry converts it into rise, excludes NJ from tally.
5) Interview with the Berlin Institute for Population and Development re Japan’s int’l future
6) BBC: British furniture store puts up “no foreign students” sign (parallels with Otaru Onsens Case)
7) Japan Times: NJ visas now contingent on enrollment in Japan’s health insurance program starting April 2010
8 ) Contrast: Naturalized Caucasian Korean becomes SK’s National Tourism Org leader

TARGETING
9) Collating update: upcoming IC Gaijin Cards, RFID hackability, next generation police walkie-talkie, and NPA access to TASPO information
10) Debito.org reader Brian reports on Shinjuku Police 9-day incarceration of 74-year-old tourist for pocket knife
11) SITYS: Japan Times confirms that 74-year-old tourist WAS indeed incarcerated for 10 days for carrying a pocket knife
12) Update: Ibaraki Police’s third new NJ-scare poster
13) Comparison: Open Society Institute report on police racial profiling in France
14) Yomiuri, Sankei, FNN: Sakai Noriko’s husband fingers NJ dealers as source of their drug habit
15) Japan Times: New “lay judge” court system sentences first NJ
16) Economist.com: Far higher proportion of NJ in Japanese prison than proportion of population
17) Freeman offers specific dialogs to deal with J police during Gaijin Card Check

… and finally…
18) Japan Times JUST BE CAUSE Column: “Unlike Humans, Swine Flu is Indiscriminate” (full text)

Terrie’s Take on recent new rulings on tenants’ rights in Japan

Posted on by Debito Arudou, Ph.D.

Terrie’s Take July 26, 2009: The Japan Times has been doing a good job recently of documenting consumer rights law cases and also foreigner- related issues that might be of use to its readers. Last week they reported on a landmark court ruling, whereby the Kyoto District Court said that a landlord’s insistence on contract renewal fees (“koshinryo”) may violate the rights of the tenant. This is the first time such a case has been ruled in favor of the tenant.

In the case, the tenant was apparently told that there would be a contract renewal fee, but not why. Presumably the agent thought that because the renewal fee is a traditional payment, dating back to post-war times when the government didn’t want returnee soldiers relocating en masse to the cities, they didn’t go into it in any detail. In any case, as a result of that oversight, when the plaintiff moved out several months after he’d paid the renewal and the landlord refused to refund the payment, the tenant took offense and took the landlord to court.

The basis for the lawsuit was the 2001 revised consumer protection law, which the court agreed had precedence over the tenancy law. In the ruling the judge apparently commented that, “The reasons for charging contract renewal fees must be clearly explained to tenants and agreed upon between the two sides.”

Now before everyone starts hooting from the roof tops that it’s time for landlords to get some of their own medicine, it’s worth remembering that this is the exact same Kyoto District Court that in January of last year dismissed a very similar lawsuit. In that earlier case, the tenant also based his claim on the 2001 consumer contract law, where he said that renewal fees in the way they are currently notified and imposed, constitute a contract that “Unilaterally causes damage to the interests of consumers.” We daresay that a lot of readers would agree with that statement!…

Free Japanese-language courses in Sapporo sponsored by GOJ (deadline for application Oct 2)

Posted on by Debito Arudou, Ph.D.

FREE JAPANESE COURSE for international parents.

Target Participants:
Foreign residents currently raising children from toddlers through middle school students in and around Sapporo area
Those who are able to attend at least 80% of the course.
*The 2nd and 3rd Periods teach entry-level Japanese.

This program is sponsored by the Japanese Agency for Cultural Affairs for FY 2009.