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

Posted on December 18, 2016December 18, 2016 by Debito Arudou, Ph.D.

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.

CR on how Japan’s blue-chip companies (Canon) get around new Labor Contract Law: Special temp job statuses and capped contracts for NJ

Posted on December 13, 2016December 11, 2017 by Debito Arudou, Ph.D.

Debito: Here’s a submission from Debito.org Reader CR, about the application of the “five year rule” of Japanese Labor Contract Law in Japan’s blue-chip companies. Although the 2013 revision in the law was meant to say, “five years of contract renewals means you must rehire the person as a regular employee (sei sha-in) without a contract” (which would end the exploitative system of unstable employment through perpetual contracting), it’s had the opposite effect: encouraging employers to cap the contracts at five years. Meaning that starting from April 1, 2018, five years since the revised Labor Contract Law took effect, we’re expecting to see a mass firing of Japan’s contract laborers.

This is precisely what has been happening to Japan’s non-tenured foreign academics for generations in Japan’s Academic Apartheid System, with the occasional “massacre” of older Japanese contracted academics just to save money, but now it’s being expanded systemwide to the non-academic private sector. We’ve seen rumblings of its application at Tohoku University for everyone. But of course we have to make it even worse for foreign workers: At Canon, one of Japan’s flagship companies, NJ are being given special “temp” employment categories with contracts explicitly capped at five years from the outset. One more reason to read your employment contracts carefully, if not avoid entirely the increasingly unstable and segregated jobs in Japanese companies.

As CR concludes, “It’s difficult to work in an environment where there are clear discriminations such as this. Note that while I believe the discriminations are racially-based, the only thing that is visible is based off nationality. I don’t know how the company handles NJ who have naturalized, or even if any naturalized Japanese citizens are among the employee ranks. It rankles even more because there are always various “Compliance”-related initiatives, announcements, and activities, to show employees how important it is to play fair, not discriminate, follow the rules and the law, etc. So, big, established, famous, international Japanese companies are already putting discriminatory clauses that violate the spirit, if not exactly the letter, of the law into the contracts of NJ. Also, this effectively puts the kibosh on any potential promotions of NJ; you cannot be promoted as a contract employee. The glass ceiling is alive and well.”

Japan Times: “Riding while foreign on JR Kyushu can be a costly business” (re train ticket discounts in Japanese only)

Posted on December 8, 2016December 8, 2016 by Debito Arudou, Ph.D.

JT: I thought you might be interested in this issue that I encountered when using an automatic ticket machine in Hakata Station, Fukuoka. Because I don’t read Japanese so well, I changed the machine to English language. As I went through the menu I could not select the “nimai-kippu” (two tickets of the same type) option, which offers a discount. The only options I had were two individual tickets — if I recall correctly the price difference was ¥2,000. I canceled the sale and went to the counter and had a conversation with the clerk, who confirmed that once English is selected, the cheaper two-ticket option wouldn’t be offered. I was thinking how many hundreds of thousands of yen have been taken from people simply because they select English and don’t happen to know about the cheaper ticket options.

COMMENT: This is proof positive in a national newspaper of separate pricing schemes based upon language. And this at one of Japan’s flagship companies (Japan Railways), no less. Consider the parallels: A restaurant with menus with cheaper prices for customers if they can read Chinese (something frowned upon as discrimination elsewhere). Or travel agencies that reserve cheaper plane tickets for Japanese citizens only (see here). Japan’s train network in Kyushu is filtering customers by language ability and charging Japanese-illiterates a premium. This must stop, obviously, because it’s discriminatory.

Why can’t customers just be treated as customers, and their money for access be valued the same way, regardless of their language ability? Well, I’ll tell you why. Because to JR, it’s not a matter of fairness or equality. It’s a combination of setsuyaku and mendokusai. Making discounts multilingual would be costly, and then there’s the factor of profiteering from the extra fares. The incentive system is clear: Why pay more for a system that brings in less revenue? And besides, the foreigners won’t realize it (because foreigners obviously don’t read Japanese), won’t complain (because they’re so powerless, with no voice in Japan except, ahem, the Japan Times), or they aren’t organized in numbers big enough for a meaningful boycott (plus, as seen above, anyone calling for organized action will be called racist even by their own side — see reader comments under the JT article).

JT: The flip side of coveted public-sector jobs in Japan: fewer rights, by being excepted from labor laws

Posted on December 2, 2016 by Debito Arudou, Ph.D.

JT: Once, the hot jobs [in Japan] were high-income positions with finance firms or trading houses, but today’s youth are more sober, preferring a steady, grounded career path. A 2015 poll by Adecco Group asked children between 6 and 15 years old in seven Asian countries and regions what they wanted to be when they grow up. Children in Japan answered in the following order of popularity: 1) company worker; 2) soccer player; 3) civil servant; 4) baseball player. Note the perhaps unexpected answers ranking 1) and 3). “Government employee” made the top 10 only in Japan. […]

Amazingly, each type of civil servant has different labor rights in Japan. I ordinarily teach labor law that protects private-sector employees, so when I tell my students that the labor laws for civil servants differ by type of job, they express shock, particularly when they find out that civil servants have fewer rights than other workers…

COMMENT: Once again, the JT comes out with an insightful article about the difference between appearance and reality, especially in Japan’s labor market. Okunuki Hifumi tells us about how Japan’s most-coveted job — civil servant (!) — actually comes with at a price of fewer rights under Japan’s labor laws. Depending on your status, bureaucrats lack the right to strike, collectively bargain, or unionize (not to mention, as it wasn’t in this article, engage in “political activities”). And that can severely weaken their ability to fight back when labor abuses occur, or, as schoolteachers, to educate students about politics.

Japan Times: “Five-year rule” triggers “Tohoku college massacre” of jobs; harbinger of a larger looming purge, sez Debito.org

Posted on November 28, 2016November 28, 2016 by Debito Arudou, Ph.D.

Debito.org has talked at length about the “Great Gaijin Massacre of 1992-4,” where National and Public Universities decided to terminate en masse (at the urging of the Ministry of Education) their foreign faculty who were over 35 years old 1) as a cost-cutting measure, and 2) because they could — since most NJ were on contract employment (meaning one could be “fired” through a simple contract non-renewal), while full-time J faculty were almost always employed on permanent non-contracted tenure from day one. “Academic Apartheid” is what respected scholars such as Ivan Hall called it. And conditions have gotten no better, as (again through government design) more full-time Japanese faculty are being put on contract employment themselves, while far fewer NJ are being granted permanent tenure.

Now we have a new looming massacre. The labor laws changed in 2013 to require employers to stop keeping people on perpetual renewable contract status. After five years of employment, employers must switch them to permanent noncontracted status. Well, the five-year mark is April 1, 2018, meaning there is an incentive for employers to fire people before they hit a half-decade of employment. Debito.org said before that that would happen, and there were some doubters. But here’s the first published evidence of that happening, at Tohoku University, courtesy of our labor law expert at the Japan Times. After all these years of service, even less job security awaits.

JT: [Under] the revision of the Labor Contract Law (Rodo Keiyaku Ho) enacted in 2013, […] any worker employed on serial fixed-term contracts (yūki koyō) for more than five years can give themselves permanent status. […] The fact is, employers are using the amendment as an excuse to fire their workers or change their working conditions before April 2018. When the law was enacted, it was not grandfathered to entitle those who had already worked more than five years. That meant the clock started on April Fools’ Day, 2013, and that the first time it will be possible to use this purported job-security measure will be April 1, 2018. [..]

This month’s installment delves into the “Tohoku University massacre.” This prestigious, famous and respected college with a long history and tradition has revealed that it plans not to renew the fixed-term contracts of up to 3,200 employees when they next come up for renewal. This kind of move — effectively a mass firing — is rare in Japan, and the plan has already had a huge impact in education and labor-law circles.

MOJ Bureau of Human Rights Survey of NJ Residents and discrimination (J&E full text)

Posted on November 24, 2016 by Debito Arudou, Ph.D.

Submitter XY: I have recently read on debito.org about that human rights survey the ministry of justice is conducting right now, and today I got the survey documents in Japanese and English. In your blog you ask for scans of these documents to check the nature of this survey. Here they are (downloadable PDFs):

Debito: Debito.org has focused on the GOJ’s biased surveys regarding human rights and NJ in the past, and found the science to be very bad. This poor science has even been found in surveys of NJ residents at the national (here, here, and here) and local levels (Tokyo and Urayasu, for example). It’s amazing how quickly common human decency and equal treatment evaporates from Japan’s social science just as soon as “foreigners” are brought into the equation.

So that’s why I approached these new surveys for “Foreigners Living in Japan” (as opposed to “Non-Citizen Residents of Japan”) from the Ministry of Justice Human of Human Rights (BOHR), Center for Human Rights Education and Training, with some trepidation. Especially given the BOHR’s longstanding record of unhelpfulness and abdication of responsibility (see also book “Embedded Racism”, pp. 224-231). But let’s take a look at it and assess. Here is a sampling of pages from the English version in jpg format (the full text in Japanese and English is at the above pdf links).

Conclusion: In terms of a survey, this is an earnest attempt to get an official handle on the shape and scope of discriminatory activities in Japan, and even mentions the establishment of anti-discrimination laws as an option. Good. It also includes the first real national-level question about discrimination in housing in Japan, which hitherto has never been surveyed beyond the local level. I will be very interested to see the results.

That said, the survey still has the shortcoming of the GOJ not accepting any culpability for discrimination as created and promoted by officials, including Japan’s police forces, laws, law enforcement, or legislative or judicial processes. It still seems to want to portray discrimination as something that misinformed or malicious individuals do toward “foreigners”, without getting to the root of the problem: That the real issue is racial discrimination embedded within Japan’s very identity as a nation-state (as I uncover and outline in book “Embedded Racism”). Here’s hoping that research helps inform their next survey (as my research informed the Cabinet’s previously biased survey questions back in 2012).

Onur on Fukuoka hotel check-ins in: Police creating unlawful “foreign passport check” signs in the name of (and without the knowledge of) local govt. authorities!

Posted on November 20, 2016February 23, 2019 by Debito Arudou, Ph.D.

Onur, our local watchdog on Japan’s hotel policies towards “foreign guests”, has submitted another report, this time on hotels in Fukuoka. The last case he submitted exposed how police in Mito, Ibaraki Prefecture, were deliberately lying about the law to create notices requiring the racial profiling of all “foreigners” at hotel check ins. Now in Fukuoka the same thing is happening, only worse: Fukuoka Prefectural Police are creating erroneous signs in the name of local government authorities without the knowledge of those local authorities!

This is odious. Given the recent Debito.org report about racist check-ins at Sakura Hotel in Jimbocho, Tokyo (done according to the hotel itself “to provide safety for our guests”, whatever that means), and the fact that I uncovered this unlawful practice more than ten years ago in my Japan Times columns (“Creating laws out of thin air,” Zeit Gist, March 8, 2005; “Ministry missive wrecks reception,” ZG, Oct. 18, 2005, and “Japan’s hostile hosteling industry,” JBC, July 6,2010), it seems the problem is nationwide and systemic. Our police forces continue to enlist the public in their racial profiling of “foreigners” (whether or not they are tourists or residents of Japan), whether or not the law or local authorities permit them to. (It doesn’t.)

Japan Times JBC column 103: “Trump’s lesson: You can lie your way to the very top”, Nov. 16, 2016

Posted on November 16, 2016November 16, 2016 by Debito Arudou, Ph.D.

The Japan Times tapped me for an opinion on the US Elections and Trump’s ascendancy to the Presidency. So here’s my latest JBC a couple of weeks early. Excerpt:

The morning after the election, I woke up to Trump’s America. I’d watched the results from Hawaii, one of America’s bluest states, where our friend had organized a house party to ring in the predicted victory of Hillary Clinton and the continuation of local hero Barack Obama’s legacy. The first polls on America’s East Coast would be closing in our early afternoon. We’d see a clear outcome by dusk and go home happy. […]

And then, stunningly, Trump’s victory in the “rigged” (Trump’s word) Electoral College became a mathematical certainty. By the time the cameras turned to Clinton’s victory bash and showed delegates slinking out, I had too. Back home, I watched as Clinton conceded even before all the networks had called it for Trump. I felt betrayed. And insomniac.

JBC has commented on previous U.S. elections (“Hailing the tail end of Bush”, Dec. 2, 2008), so let me tell you: I searched for a silver lining to all this. I found none…

Mainichi Editorial: Cultivating ‘Japan fans’ key to attracting repeat foreign visitors. Good luck with that without an anti racial discrimination law

Posted on November 14, 2016 by Debito Arudou, Ph.D.

Mainichi: In just 10 months, the number of foreign visitors to Japan has already smashed through the 20 million mark for the year, surpassing the previous annual record of about 19.74 million arrivals set in 2015. [..]. Now the government is shooting for 40 million in 2020, the year of the Tokyo Olympics and Paralympics. The wave of people coming to see Japan is a welcome development on many fronts, especially as our country’s population ages and begins to decline, particularly in the countryside. There are, of course, direct and obvious economic benefits from so many visitors shopping, eating and filling Japan’s hotel rooms. However, the tourism boom has also made companies and regional communities more outward-looking in their thinking, and that’s deeply significant. […] What’s important is to avoid viewing visitors to our shores as mere consumers. The government has declared it wants to see foreign visitors drop 8 trillion yen in Japan in 2020. There’s nothing wrong with setting a numerical target in and of itself, but focusing solely on visitor spending could lead to a nasty trip-up.

Submitter JK: Hi Debito: The GOJ wants foreign visitors spend a couple trillion yen the year the Olympics comes to town, so why not strike while the iron is hot and use this as leverage against xenophobic establishments by calling them out on their behavior (i.e. “there’s this shop down the way that excludes anyone foreign-looking — surely that reflects poorly on Japan and hurts the government’s numbers.”)?

Debito: Agreed. And that’s the big blind spot in this editorial. It talks about the shortcomings of tourism policy focusing only on infrastructure and profit, but neglects to mention the issues of how a police force dedicated to racial profiling (especially at hotels), or how being refused service somewhere just because the proprietor has a “thing” about foreigners (and can get away with it because Japan has no law against racial discrimination), can really ruin a visit. “Cultivating Japan fans” is one way of putting it, “stopping xenophobes” is another. And that should be part of formal GOJ policy as well.

Shiki on unlawful and racist check-in practices at “foreigner-friendly” Sakura Hotel Jimbocho, Tokyo

Posted on November 11, 2016November 11, 2016 by Debito Arudou, Ph.D.

Shiki: My name is Shiki, and I’m a long term resident in Japan, having been living for almost 9 years now, and I’m actually in the process of naturalization. I wanted to report about the most horrible experience I’ve had in Japan, which happened on October 25, 2016, at a Hotel called “Sakura Hotel Jimbocho”. […]

In the registration they asked for my nationality, which is something I’ve never been asked before. And it said that “Foreigners were required to show their passports”, so I looked at this, and saw your posts about the subject, and then I just thought “Thet are just doing this for the tourists”, so I just left the default that was “Japanese” in nationality. […] I just said “I’m not a tourist”, then this guy asked me if I was Japanese, and I told him that no but that I was not a tourist and didn’t even had my passport with me.

So he then started to ask for my Residence Card, and I told him that my Residence Card contained private information, so I was not comfortable showing it, and then the guy, late at night told me that then they could not take me as a guest unless I showed them my residence card.

[…] proceeded to say that it was “hotel policy”, and that if I didn’t wanted to comply with “hotel policy” I was free to search for another hotel. […] He proceeded to make excuses that he dodn’t knew about the [Hotel Management] law, that he has to report foreigners to the police, and almost telling me that he was gping to “get scolded” by the police if they saw my name without any ID.

I told him it wasn’t my problem, and that he just needed to show the police that I have an address in Japan. He told me that police was going to scold him for not giving the ID of a foreigner, and when I asked him how would they even know if I’m a foreigner and not of Japanese nationality, he proceeded to make a racist statement about how “He can tell by their face, or their accent”. I told him that was racist and he proceeded to once again threaten me about “returning me my money” even after was I told him…

Another positive review of book “Embedded Racism” by Japan Studies Association of Canada (JSAC): “important contribution to geography, cultural, and area studies”

Posted on November 6, 2016 by Debito Arudou, Ph.D.

JSAC: “From the immigration crisis in Europe to the growing tensions around racism and law enforcement in the United States, discussion of institutionalized racism, exclusionary rhetoric in the media, and legal barriers to equality seems essential now more than ever. In his most recent book […] cultural critic, activist, and scholar Debito Arudou attempts to spark just such a discussion. A critical analysis of Japan’s treatment of visible minorities (people living in japan who do not display phenotypical Japanese traits) and the legal, political, and social mechanisms that perpetuate the exclusion of such minorities from various aspects of Japanese society, Embedded Racism is extremely well timed. Arguing that racism operating through various institutions in Japan is akin to experiences of racism in the United States, Europe, and elsewhere, Arudou’s carefully constructed work attempts to debunk the dominant narrative of Japanese exceptionalism, which he claims provides an escape from accountability to the rest of the world. Describing how structural racism behind institutional, legal, social, and media narratives influences the degree to which “outsiders” are constructed and consequently excluded from essential social and legal protections, Embedded Racism is an important contribution to the fields of geography, cultural, and area studies […]”

My Japan Times JBC column 102, Oct 31, 2016: “U.S. and Japan elections: Scary in their own ways”

Posted on October 30, 2016October 23, 2017 by Debito Arudou, Ph.D.

U.S. and Japan elections: scary in their own ways
Subtitle: American political campaigns can be frighteningly tribal while fear of the foreign permeates polls here
By Dr. ARUDOU, Debito, October 31, 2016
Column 102 for the Japan Times Community Page

Happy Halloween. Let’s talk about something really scary: elections in the United States and Japan. I say scary because these countries are the No. 1 and No. 3 largest economies in the world, not to mention representative democracies considered too big to fail. Yet the way things are going is truly frightening.

Let start with election campaigns in the U.S., since they are probably very familiar and fresh to readers:

The U.S.: two tribes go to war […]
Read the rest in The Japan Times at http://www.japantimes.co.jp/community/2016/10/30/issues/u-s-japan-elections-scary-ways/

DEBITO.ORG NEWSLETTER OCTOBER 30, 2016

Posted on October 30, 2016 by Debito Arudou, Ph.D.

Table of Contents:
GOOD NEWS
1) Japan Scholar Tessa Morris-Suzuki reviews book “Embedded Racism” in journal Japanese Studies, calls it “important, courageous and challenging”

SPECIAL ON EFFECTS OF NEW HATE SPEECH LAW
2) Mainichi: After Osaka hate speech ordinance adopted, daily xenophobic marches decrease, hateful language softened
3) Mainichi: Effect of new anti-hate speech law spreads to executive, judicial branches
4) Mainichi: Court orders anti-Korean group to compensate woman over hate speech
5) Kyodo: Japan’s laws against hate speech piecemeal, lack teeth
6) Mainichi Editorial: Japan needs effective hate speech law to stamp out racist marches
… and finally…
7) My Japan Times JBC column 101: “US and Japan votes: The Good, the Bad, and the Ugly” (Oct 3, 2016)

Mainichi Editorial: Japan needs effective hate speech law to stamp out racist marches

Posted on October 26, 2016October 26, 2016 by Debito Arudou, Ph.D.

To cap off this month of discussion on Debito.org about Japan’s new hate speech laws, check out what the Mainichi (clearly a supporter, given their generous coverage of the issue, particularly enforcement problems) said about a bill at the national level back in April. It passed in June. This article offers a good accounting of just how much work went into getting the local governments to take a stand on the issue, and how grassroots movements do indeed influence national policy in Japan.

Mainichi: In 2014, the United Nations Committee on the Elimination of Racial Discrimination advised the Japanese government to take resolute action against hate speech, and to enact anti-hate speech legislation. There are also strong domestic calls for a government response to hate speech. In January of this year, the city of Osaka enacted the country’s first anti-hate speech ordinance. In addition, more than 300 local government assemblies across Japan have adopted a written statement calling on the central government to take appropriate legal action against hate speech, while staying within the Constitutional right to freedom of expression. In these acts, we can see a definite fear that Japan will lose the trust of the international community if hate groups continue to peddle their poisonous polemics unhindered. […]

The LDP-Komeito bill defines hate speech as unjust discrimination. The bill differs greatly from the opposition’s version, which seeks to regulate a wider range of discriminatory acts and calls for the outright ban on hate speech. Neither bill, however, lists a punishment for hate speech violations. To the contrary, we believe that Japan needs a law that clearly defines hate speech, preventing broad interpretations that could be warped into threats to the freedom of expression. The law should also include provisions that will have some practical effect, such as giving authorities the power to deny hate groups the use of public facilities and roads for demonstrations.

Kyodo: Japan’s laws against hate speech piecemeal, lack teeth

Posted on October 22, 2016October 23, 2016 by Debito Arudou, Ph.D.

One more blog entry about hate speech in Japan (because these developments are important and deserve archiving, as they set the tone for how the new law will be enforced and possibly lead to laws against other forms of racial discrimination). The Mainichi articles thus far archived on Debito.org (here, here, and here) have talked about the positive developments of people being called to account for their hateful speech, and the chilling effect (for a change) over anti-foreign public rallies. Yet Kyodo below makes a case that the law does not go far enough:

Kyodo: Japan’s first hate speech law, which took effect in June, was created in line with Article 21 of the Constitution, which guarantees freedom of expression, and Article 13, which guarantees basic human rights. Experts, though, say the law is flawed because it lacks both a stated prohibition of hate speech and carries no punishment for perpetrators.

In July, an ordinance to curb hate speech took effect in the city of Osaka. It helped minimize threatening expressions, including “Die!” and “Kill them,” but did little to curb slurs like “the crime rate among Korean people is high.” Yet the environment surrounding offensive displays appears to be changing. Kawasaki announced on May 31 it would not allow the organizer of a hate speech demonstration to use a park following past remarks and activities. In Osaka, police called for “a society free of discrimination.” But perpetrators of discriminatory behavior have turned their attention to the political arena…

Mainichi: Court orders anti-Korean group to compensate woman over hate speech

Posted on October 18, 2016April 20, 2018 by Debito Arudou, Ph.D.

This is the third article of three talking about the progress being made under the recent adoption of local laws against hate speech in Japan, in this case a court case against official hate group Zaitokukai:

Mainichi: The Osaka District Court on Sept. 27 ordered a citizens’ group that holds hate speech rallies targeting Korean residents in Japan to pay 770,000 yen in compensation to a Korean woman over defamation carried out by the group and its former chairman. Freelance writer Lee Sin Hae, 45, filed the lawsuit against “Zainichi Tokken o Yurusanai Shimin no Kai” (literally, “citizens’ group that does not forgive special rights for Korean residents of Japan,” or “Zaitokukai”) and its former chairman Makoto Sakurai, 44, demanding 5.5 million yen in compensation for defamation by fueling discrimination against Korean residents through hate speech campaigns.

According to the ruling, after Lee contributed an article criticizing hate speech to an online news site, Sakurai called her “an old Korean hag” at rallies his group organized in Kobe’s Sannomiya district and targeted her on Twitter using a discriminatory word for a Korean person sometime between 2013 and 2014 when he was the head of the group. Presiding Judge Tamami Masumori acknowledged that some of the things Sakurai had said and tweeted invaded her personal rights and concluded such actions constituted insults banned under the U.N. International Convention on the Elimination of All Forms of Racial Discrimination…

Mainichi: Effect of new anti-hate speech law spreads to executive, judicial branches

Posted on October 14, 2016 by Debito Arudou, Ph.D.

This is the second article of three talking about the progress being made under the recent adoption of local laws against hate speech in Japan.

Mainichi: A new law aimed at eliminating hate speech campaigns, which instigate rejection of specific racial or ethnic groups from local communities, came into force on June 3. While the legislation has proven effective in some parts of the country, such as in Kawasaki where the court handed down a provisional injunction banning a hate speech rally in an area home to many Korean residents, there remain challenges that need to be addressed.

On June 5, a hate speech demonstration in Kawasaki was called off after participants were surrounded by hundreds of citizens protesting against the rally and police urged them to discontinue the event. The organizers terminated the rally after demonstrators paraded only about 10 meters down the road, in what was going to be the country’s first such demonstration since the anti-hate speech law came into effect. […] The June 2 provisional injunction issued by the Yokohama District Court’s Kawasaki branch also quoted the same international treaty, as well as the anti-hate speech law that had just been enacted in May. The ruling called hate speech rallies “illegal actions that infringe upon the personal rights for leading a peaceful life” and pointed out that grossly illegal hate speech campaigns, such as repeating loud chants with bullhorns, lie “outside the bounds of freedom of assembly and freedom of expression guaranteed under the Constitution.” […]

Signs of change are also emerging in police responses over the issue. In step with the anti-hate speech law coming into effect, the National Police Agency issued a notice to prefectural police departments across the country asking them to strictly respond to hate speech demonstrations by making full use of existing legislation such as that against defamation and contempt. […] Yasuko Morooka, a lawyer who authored a book titled “Hate Speech towa nanika” (What is hate speech?), hails the anti-hate speech legislation, saying, “The law provides support for courts, local bodies and police in making a decision on their strict responses to hate speech.”

The new law, however, has its own limits. In order to provide relief to victims who suffered damage from hate speech, they still need to prove in detail violations of their personal rights and defamation, just as they needed to before the law came into effect. The June 2 provisional injunction banning a hate speech rally became viable as there existed crystal-clear damage in Kawasaki, where the organizers of the planned rally had repeatedly staged similar demonstrations on about a dozen occasions.

Scholar Tessa Morris-Suzuki reviews book “Embedded Racism” in journal Japanese Studies, calls it “important, courageous and challenging”

Posted on October 10, 2016October 14, 2016 by Debito Arudou, Ph.D.

Scholar Morris-Suzuki’s concluding paragraph: In the final sections of Embedded Racism, the author looks to the future, without great optimism, but with some clear and cogent suggestions for steps that the Japanese government should take if it truly wishes to make Japan a more open society. These include passing strong and effective laws against discrimination, strengthening the powers of the Bureau of Human Rights, reforming the citizenship and family registration systems, and legalising dual nationality. Arudou also argues for the involvement of non-citizens in the processes of creating new policies affecting foreign residents. He expresses little confidence that the Japanese authorities will respond to such ideas, but his critique of Japan’s embedded racism and his proposals for change certainly deserve to be read by policy makers, as well as by scholars of Japan. This is an important, courageous and challenging book, and it casts a sharp light on problems which are often ignored or veiled, but which have profound consequences for the present and future of Japanese society.

Mainichi: After Osaka hate speech ordinance adopted, daily xenophobic marches decrease, hateful language softened

Posted on October 6, 2016October 8, 2016 by Debito Arudou, Ph.D.

Debito: When Japan’s first actual law against hate speech was passed in January this year, critics (naturally) decried it as a means to stifle freedom of speech. I took exception to that, saying that it was a step in the right direction, at least. Recent articles in the Mainichi Shinbun seem to bear that out. Here is one of three, talking about the positive effects of the law, where once-daily hate rallies are down, xenophobic language is softened and made less normalized, administrative organs now have means of enforcement, and even court cases are ruling in favor of targeted victims. Good. Read on:

Mainichi: Mun Gong Hwi, an ethnic Korean, […] says, “In a street demonstration by a hate group in April, there was a moment when one participant started to use blatantly offensive language to attack Koreans, and the organizers hurried to stop them. The number of hate demonstrations has also fallen greatly since around the time of the ordinance taking effect.” […]

The response of police and the government administrations to hate marches has also changed. On June 5, just after the execution of the new law, the Kawasaki Municipal Government refused to give permission for a park to be used for a protest targeting the social welfare corporation “Seikyu-sha,” which gives support to the many ethnic Koreans living in the city’s Sakuramoto district. Additionally, the Kawasaki branch of the Yokohama District Court called the hate speech demonstrations “an illegal violation of human rights” and prohibited them from being held near the Seikyu-sha building. Kanagawa Prefectural Police gave permission for the demonstration to be held in a different street location, but protesters staged a sit-in. The police urged the organizers to call off the demonstration for safety reasons, and it was canceled. […]

The thinking of those putting out hate speech and the (essential) content of what they say may not change, but at least on the surface we can see the effects of the countermeasures. It seems (for example) that the organizers are not allowing demonstrators who often say extremist things to have bullhorns. Preventing hate marches through the law thus depends not on cracking down on such actions, but on government policies that put a stop to discrimination.

My Japan Times JBC column 101: “US and Japan votes: The Good, the Bad, and the Ugly” (Oct 3, 2016)

Posted on October 2, 2016October 2, 2016 by Debito Arudou, Ph.D.

JBC: I love elections. Anywhere. It’s fascinating to see how politicians craft public appeals. No matter how flawed the process, it’s how nation-states recharge their legitimacy and publicly reaffirm their mandate to govern.

During this season of the world’s most-watched presidential campaign, JBC will assess “the good, the bad, and the ugly” of how the United States and Japan run their elections. […] I want to talk about the expression of political culture and momentum that has grown from generations of campaigning, and how it brings out the “good” (things that are healthy for a representative democracy), the “bad” (things that aren’t), and the “ugly” (the just plain ludicrous)…

Read the rest in the Japan Times at http://www.japantimes.co.jp/community/2016/10/02/issues/comparing-elections-u-s-japan-good-bad-ugly/

DEBITO.ORG NEWSLETTER OCTOBER 3, 2016

Posted on October 2, 2016October 2, 2016 by Debito Arudou, Ph.D.

Table of Contents:
THE OPPOSITION FACES OPPOSITION
1) JT: Democratic Party Leader Renho and the “pure blood” mythos (covered in detail in book “Embedded Racism”)
2) JT: Renho nationality furor exposes Japan’s deeply embedded gender bias
A GOOD MONTH FOR MEDIA APPEARANCES
3) Debito panelist on Al-Jazeera program “The Stream”: “The politics of identity in Japan” after Yoshikawa Priyanka’s pageant victory
4) ABC NewsRadio Australia, Japan in Focus: The winner of Miss World Japan, Yoshikawa Priyanka, prompts another racial debate. Interviews Debito
5) Deep in Japan Podcast, Debito Interview Pts. 2 and 3 on book “Embedded Racism” and issues of racial discrimination etc. in Japan
OLD-HAT
6) Discussion: Should I stay or should I go? What’s your personal threshold for staying in or leaving Japan?
7) Book “Embedded Racism” now discounted to $34.99 if bought through publisher directly, using promo code
… and finally…
8 ) Japan Times column Sept. 5, 2016: “JBC marks 100 columns and a million page views”

JT: Renho nationality furor exposes Japan’s deeply embedded gender bias

Posted on September 29, 2016 by Debito Arudou, Ph.D.

Colin Jones has come up with another insightful column, with a legalistic spine, in regards to how Japanese nationality has historically been awarded (until 1985, through fathers only, not mothers) until it was challenged. And, true to their nature in Japanese jurisprudence, Tokyo courts sided with the status quo (of discriminating against international children with Japanese mothers), and it wasn’t until the Diet amended the laws before they changed their tune. Yet, as Colin points out, the stigma still remains, especially in light of the debate regarding DP leader Renho’s true “Japaneseness”, a dual-nationality flap that never should have been an issue in the first place, –regardless of whether you are proponent of single nationality or double (I fall in the latter camp). Read the article for a breathtaking tour through Japan’s convoluted legal logic.

Jones: In short, decades after her birth, Renho is still being punished for having a Japanese parent who was female rather than male. Renho’s case thus offers a stark illustration of the deeply rooted structural impediments faced by women in Japan even today.

It also demonstrates the Japanese establishment’s general inability to acknowledge the past. The fact that such blatant government-sanctioned discrimination existed until the 1980s simply disappears into the memory hole, a hole that probably exists because the people who ran Japan back then are essentially the same as those who run it today.

Deep in Japan Podcast, Debito Interview Pt. 3 of 3 on book “Embedded Racism” and issues of racial discrimination etc. in Japan

Posted on September 25, 2016 by Debito Arudou, Ph.D.

Jeff Krueger’s Deep in Japan Podcast features the last interview of three (the first is here, the second here) with me about the issues of racism and discrimination in Japan, covered in book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination”.

Available at iTunes and Soundcloud: https://soundcloud.com/deep-in-japan/dr-debito-iii-racism-and-discrimination-in-japan

Deep in Japan Podcast, Debito Interview Pt. 2 on book “Embedded Racism” and issues of racial discrimination etc. in Japan

Posted on September 22, 2016September 22, 2016 by Debito Arudou, Ph.D.

Jeff Krueger’s insightful Deep in Japan Podcast features the second interview of three (the first is here) with me about the issues of racism and discrimination in Japan, covered in book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination”

Available at iTunes and Soundcloud: https://soundcloud.com/deep-in-japan/debito-13-embedded-racism

JT: Democratic Party Leader Renho and the “pure blood” mythos (covered in detail in book “Embedded Racism”)

Posted on September 18, 2016September 18, 2016 by Debito Arudou, Ph.D.

JT: “It’s no coincidence that [opposition party leader Murata] Renho’s detractors are the same people who are against allowing a female emperor. “Pure blood” ideology is at the root of Yawata’s philosophy — the “scoop” about Renho’s dual nationality was merely a delivery device. The law means nothing to them because their faith is invested in an occult mythos about the unbroken Imperial line. [Journalist] Kosugi Misuzu insists these beliefs amount to “racism,” since they limit the rights of some people born and raised in Japan due to genetics. Asahi reported on July 6, 2014 — well before the Renho controversy — that the pure blood faction wants to kick out permanent Korean residents as well as anyone with dual citizenship by making all Japanese sign a loyalty oath. They are not just rightists, said the paper, they are “anachronisms.”

“[Former bureaucrat] Yawata Kazuro says Renho can’t be trusted because she doesn’t use her Japanese married name and gave her children names that “sound Chinese.” These value judgments should mean nothing in a democracy. Zakzak, another Sankei organ, adds to the din by saying that Japanese people do not like the idea of someone with dual citizenship “rising to the top.” What about best-selling Japanese-American singer Hikaru Utada and all those bicultural athletes at the Rio Olympics? For that matter, what about former Peruvian president Alberto Fujimori, who was allowed to settle here and escape prosecution in his native country by asserting his Japanese nationality?”

COMMENT: All of these issues, particularly the “pure blood” conceit, have been brought up passim in book “Embedded Racism: Visible Minorities and Racial Discrimination in Japan”. Renho herself features prominently in the book (Chapter Seven), given that Japan’s racist politicians have questioned her loyalty many times before — for example when she was a Cabinet member in the previous DPJ government — simply because she’s to them a mudblood. And they can get away with it because the “pure blood” narrative is so strong.

Debito panelist on Al-Jazeera program “The Stream”: “The politics of identity in Japan” after Yoshikawa Priyanka’s pageant victory

Posted on September 14, 2016September 17, 2016 by Debito Arudou, Ph.D.

For the second year in a row, Japan has crowned a biracial woman the winner of a major beauty pageant, reviving a conversation in the island nation about race, xenophobia and what it means to be Japanese. Japan is frequently labeled as one of the most homogeneous countries in the world, but some say this is a myth that discounts the minorities living there and stifles dialogue about discrimination in the country.

In May, Japan passed its first anti-hate speech law in an attempt to curb racism and xenophobia. While critics sceptical about the law’s effectiveness poked holes in the bill, many have applauded the government for taking steps toward addressing what they say is an often ignored issue. Some have viewed Priyanka Yoshikawa’s Miss World Japan win as a sign the country is becoming more open to diversity. Others argue Japan has been open for a long time, and stories suggesting otherwise are reinforcing antiquated stereotypes.

Panelists: Miss World Japan beauty pageant winner Yoshikawa Priyanka, Edward Sumoto, Baye McNeil, Aoki Yuta, and Arudou Debito.

Discussion: Should I stay or should I go? What’s your personal threshold for staying in or leaving Japan?

Posted on September 8, 2016September 9, 2016 by Debito Arudou, Ph.D.

Some weeks ago a Debito.org Reader posed an interesting question to the Comments Section. Let me rephrase it like this:

What is your threshold for remaining in a society? Are there any conditions which will occasion you to consider an exit strategy?

Caveats: Of course, this can apply to anyone anywhere. But a) since this is a blog about Japan, and b) people who have chosen to live in another society for whatever reason have the experience of moving from one place to another (hence “hometown inertia” is not a factor), let’s make this specific to people who are living (or have lived) in Japan.

What would have to happen (or did happen) for you to have to decide to move out of Japan?

It’s an interesting hypothetical. For some expats/residents/immigrants in history, even a war was not enough (see the interesting case of William Gorham). So it’s all a matter of personal preference. What’s yours?

Japan Times column Sept. 5, 2016: “JBC marks 100 columns and a million page views”

Posted on September 4, 2016September 5, 2016 by Debito Arudou, Ph.D.

JBC: The day I proposed this column to my editors back in 2008, I knew it would be a hard sell. Fortunately, I had a track record. I had been writing Zeit Gist articles (45 of them) every two months or so for the Community Page since 2002, and the JT was looking for new ways to serve the community beyond pages commemorating “Swaziland Independence Day” (which is Tuesday, incidentally). International goodwill and advertising revenue are all very well, but what about offering practical information for non-Japanese (NJ) residents making a better life here, or drawing attention to emerging domestic policies that affect them?

So my pitch was that the JT needed a regular columnist on human rights and issues of social justice. And I was convinced there was enough material for a monthly. They weren’t as convinced, and they were especially nonplussed at my suggestion for a column title: “Just Be Cause”!? But shortly afterwards JBC got the green light, and on March 4, 2008, the first column was published — on why activism is frowned upon in Japan (because it’s associated with extremism). And off we went.

Nearly 10 years and 100 columns later, it is clear that, like the Debito.org archive (started 20 years ago, one of the oldest continuous personal websites on Japan) and daily blog (now 10 years old), JBC is in it for the long haul. In this special anniversary column, let’s look back at what JBC has covered. The themes have been, in order of frequency:
Rest at http://www.japantimes.co.jp/community/2016/09/04/issues/jbc-marks-100-columns-million-page-views/

DEBITO.ORG NEWSLETTER SEPT 4, 2016

Posted on September 4, 2016September 5, 2016 by Debito Arudou, Ph.D.

Table of Contents:
GOOD NEWS
1) Japan Times: Celebrating Japan’s multiethnic Rio 2016 Olympians: Meet the athletes challenging traditional views of what it is to be Japanese
2) “Deep in Japan” Podcast interviews Debito on Racism in Japan and book “Embedded Racism” (UPDATED: Goes viral in Poland, more than 8000 listens)
3) Finger Lakes Times: Former Genevan, now a Japanese citizen and author, details his experiences in book on racism in Japan
SAME OLD SHAME OLD
4) Asahi: Japan’s Supreme Court approves police surveillance of Muslim residents due to their religion: Next up, surveilling NJ residents due to their extranationality?
5) Japan Center for Michigan Universities: Report and video interview of Muslim Lawyer Hayashi Junko on issues faced by Muslims in Japan (surveillance by police, including of Japanese kith and kin)
6) Nikkei: Japan begins clearing path for foreign workers. Really? Let’s analyze the proposals.
7) Nikkei Asian Review wrongly reports “Japanese law requires hotels to check and keep copies of foreigners’ passports”. Corrected after protest, but misreported text still proliferates
8 ) TIME Magazine and Japan Times on how online trolls (particularly Reddit) are ruining the Internet and media in general
… and finally…
9) Japan Times JBC column 99, “For Abe, it will always be about the Constitution”, Aug 1, 2016

TIME Magazine and Japan Times on how online trolls (particularly Reddit) are ruining the Internet and media in general

Posted on August 30, 2016August 31, 2016 by Debito Arudou, Ph.D.

TIME: This story is not a good idea. Not for society and certainly not for me. Because what trolls feed on is attention. And this little bit–these several thousand words–is like leaving bears a pan of baklava.

It would be smarter to be cautious, because the Internet’s personality has changed. Once it was a geek with lofty ideals about the free flow of information. Now, if you need help improving your upload speeds the web is eager to help with technical details, but if you tell it you’re struggling with depression it will try to goad you into killing yourself. Psychologists call this the online disinhibition effect, in which factors like anonymity, invisibility, a lack of authority and not communicating in real time strip away the mores society spent millennia building. And it’s seeping from our smartphones into every aspect of our lives.

The people who relish this online freedom are called trolls, a term that originally came from a fishing method online thieves use to find victims. It quickly morphed to refer to the monsters who hide in darkness and threaten people. Internet trolls have a manifesto of sorts, which states they are doing it for the “lulz,” or laughs. What trolls do for the lulz ranges from clever pranks to harassment to violent threats. There’s also doxxing–publishing personal data, such as Social Security numbers and bank accounts–and swatting, calling in an emergency to a victim’s house so the SWAT team busts in. When victims do not experience lulz, trolls tell them they have no sense of humor. Trolls are turning social media and comment boards into a giant locker room in a teen movie, with towel-snapping racial epithets and misogyny. They’ve been steadily upping their game…

Japan Times: This sort of behavior is not new. Trolls — individuals who purposely send insulting and threatening messages to comments sections and social media sites — may be an Internet-specific phenomenon, but the impulses that drive them are general and eternal. Some say the difference is less ideological than psychological: serial harassers hide behind masks to express their grievances with the world, regardless of political leanings. But ideology, or at least the presumption of a “position,” is always the delivery device for the grievance. […] Media outlets should prevent intimidation any way they can, but they’re failing their mission if they don’t stand up to it.

COMMENT: This is dangerous stuff. As the veteran of many years of online death threats myself, Cyberstalking is still stalking, and Japan no longer tolerates it like it used to outside of the Internet. Debito.org reiterates its stance that something should be done to make these anonyms into real people taking responsibility for their statements. To me, that means registering real names under traceable conditions, as has happened (abortively) in South Korea. Short of that, the trolls will continue to sour and soil the online environment, depriving others of the freedom of speech the trolls themselves allegedly cherish (and use as their excuse for abuse) by remaining anonymous, immune to the same critique and exposure they mete out to others.

Finger Lakes Times: Former Genevan, now a Japanese citizen and author, details his experiences in book on racism in Japan

Posted on August 26, 2016 by Debito Arudou, Ph.D.

My old hometown newspaper in Geneva, NY, interviewed me for a local article.

Nikkei: Japan begins clearing path for foreign workers. Really? Let’s analyze the proposals.

Posted on August 22, 2016August 24, 2016 by Debito Arudou, Ph.D.

The Economist (London) recently has had a couple of articles on immigration to and even naturalization into Japan (here and here), so it looks like PM Abe’s alleged pushes to liberalize Japan’s NJ labor market (despite these other countering trends here, here, here, here, here, here, here, and here) are gaining traction in the overseas media. Let’s take a representative sample of the narrative being spun by the Japanese media (in this case the Nikkei, Japan’s WSJ) for overseas consumption, and see if it holds up to scrutiny. For example:

Nikkei: The government looks to ease residency requirements for guest workers. The Justice Ministry will recognize certified foreign care workers as specialists worthy of the corresponding visa status. Japan currently admits care workers through economic partnership agreements, but those are limited to countries such as Indonesia and the Philippines. The number of guest workers is expected to increase by allowing care givers who learn Japanese or professional skill sets at educational institutions to work in Japan.

Necessary legislation is to be enacted during the extraordinary Diet session this fall, with the measures taking effect next fiscal year. The government also seeks quick passage of legislation to add the care worker category to Japan’s Technical Intern Training Program, which provides support to developing nations.

COMMENT: They tried that before. Until the Indonesians and Filipinas realized they were being exploited by a revolving-door visa system that deliberately set the bar too high for passing, and decided to pass on Japan altogether. So Japan’s policymakers are moving on to the next sucker societies: Cambodia and Vietnam. Which, note, are also not kanji-literate societies; if the GOJ really wanted to get people to pass the nurse literacy test, they would get nurses from China or Chinese-diaspora countries. The fact that they won’t speaks volumes about true policy intentions. As does the final sentence, where they admit that it’s just an expansion of the”Trainee” slave-labor program, exempt from Japan’s labor laws protection.

There is nothing in this policy trial-balloon article that constitutes actual immigration, i.e., bringing in people and making them into Japanese citizens with equal protection guaranteed under the law. Until that happens, there is no discussion here worthy of headlining this as a “cleared path” for foreign workers. It’s merely more of the same exploitation of imported laborers in a weakened position by government design.

Japan Times: Celebrating Japan’s multiethnic Rio 2016 Olympians: Meet the athletes challenging traditional views of what it is to be Japanese

Posted on August 18, 2016August 18, 2016 by Debito Arudou, Ph.D.

JT: Japan is home to 2.2 million foreign residents, and like it or not, a growing number of them are marrying Japanese citizens. The number of international marriages increased tenfold between 1965 and 2007, with registered new multiracial couples peaking at 40,272. Due to tighter immigration rules, the number has since dropped considerably, but marriages between Japanese and foreign nationals still make up roughly 1 in 30 unions — and around 1 in 10 in Tokyo.

However, no matter how common international marriages are today, Japanese society still sets the children of these couples apart. They may have grown up as Japanese citizens or be fluent at the language, but many complain of feeling excluded or discriminated against because of their backgrounds. These individuals’ struggles in dealing with their classification as hāfu (half) have been recounted numerous times in the media, particularly by bicultural figures in the public eye.

Some of these children, however, grow up to be Olympians — flying the flag for Japan and challenging the conventional definition of what it means to be Japanese. At the Rio Olympics, more than any before, multicultural Japanese athletes have been a notable presence in the stadiums. Here are profiles of some of these athletes — those who have given their all in Rio for Team Japan, broken the glass ceiling and possibly even opened up minds in their homeland. (List follows with photos)

“Deep in Japan” Podcast interviews Debito on Racism in Japan and book “Embedded Racism” (UPDATED: Goes viral in Poland!)

Posted on August 14, 2016August 21, 2016 by Debito Arudou, Ph.D.

Podcast: Deep in Japan, by Jeff Krueger
Title: “Debito: Racism in Japan”
Released: Aug 14, 2016
In this podcast, I interview writer, researcher, activist, Japan Times columnist, naturalized Japanese citizen and, most recently, author of the amazing book, Embedded Racism: Japan’s Visible Minorities and Racial Discrimination,” Dr. Arudou Debito. If you’d like to learn more about Dr. Debito’s books and articles, visit his award-winning blog at www.debito.org.

COMMENT: Jeff did a lot of research for this podcast, including reading 400-page book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” in three sittings, and investigating much of the anti-activist narrative in Japan. I had a listen to it this morning, and think it’s probably the best interview I’ve ever had done.

UPDATE AUGUST 18: Podcast goes viral in… Poland! (Thanks to this popular vlog.) Now at 6700 listens on Soundcloud alone! Thanks!

Japan Center for Michigan Universities: Report and video interview of Muslim Lawyer Hayashi Junko on issues faced by Muslims in Japan (surveillance by police, including of Japanese kith and kin)

Posted on August 12, 2016August 13, 2016 by Debito Arudou, Ph.D.

JCMU: On July 23, 2016 the Japan Center for Michigan Universities (JCMU) in Hikone welcomed Junko Hayashi, Japan’s first female Muslim attorney, to speak about Islam and the issues faced by Muslims in Japan. In a recent court battle, Mrs. Hayashi represented Japanese Muslims that were being observed by the Japanese government for no reason other than the fact that they were Muslims. Their surveillance came to light after information gathered by police was accidentally leaked to the public on the internet. Despite this, Japanese courts ruled that there was no constitutional violation and that the threat of international terrorism outweighed any right to privacy held by the plaintiffs. […]

In the interview, Mrs. Hayashi lamented that “all Muslims are equal to criminal suspects” in Japan. She noted that because of prejudice against practitioners of Islam, she and the rest of the Japanese Muslim community are denied personal and privacy rights enjoyed by most other citizens. “Their rights are violated and they can’t do anything about it,” Mrs. Hayashi explained. The stereotypes of Muslims have little factual support, as no acts of terrorism have been carried out by Muslims in Japan to Mrs. Hayashi’s knowledge. To redress this discrimination and support those affected by the government’s continued surveillance, she hopes to start a human rights organization.

COMMENT: And from this, it’s but a few steps until approving surveillance of Non-Japanese residents as “criminal suspects”. And from that their kith and kin. Japan’s Police State is returning.

Nikkei Asian Review wrongly reports “Japanese law requires hotels to check and keep copies of foreigners’ passports”. Corrected after protest, but misreported text still proliferates

Posted on August 8, 2016 by Debito Arudou, Ph.D.

Nikkei: Visitors to Japan will be able to use their fingerprints instead of passports to identify themselves at some hotels thanks to technology introduced by a Tokyo venture. With financial help from the economy and industry ministry, Liquid will start offering a fingerprint-based authorization system by March in a bid to increase travel convenience. Some 80 hotels and Japanese-style inns in major tourist spots like Hakone and Atami, two hot spring resort areas not far from Tokyo, will be among the first to install the system. More inns and hotels will follow. […]

Japanese law requires hotels to check and keep copies of foreigners’ passports. But the economy ministry and the ministry of labor have decided to treat “digital passports” as legitimate alternatives.

Reader XY to the Nikkei: This article contains an incorrect statement: “Japanese law requires hotels to check and keep copies of foreigners’ passports.” In fact, Japanese law requires hotels to check the passports of foreigners who don’t have an address in Japan. The most important point is that the law does not apply to all foreigners but to foreign tourists who do not have an address in Japan. This is a matter of concern to many who live in Japan and occasionally are asked for passports based on a misunderstanding of the law. A second point is that keeping copies of passports is not mentioned in the law — it is a directive from the police. The law only calls for keeping records.

Nikkei: Thank you so much. We will check the Ryokan Law and see if we need to change the sentence.

Comment: Nikkei corrected it to remove the last paragraph mentioning that sentence entirely — and that’s about as close as we’ll ever get to them admitting they made a mistake. But as we’ve written here many times before, the National Police Agency keeps lying about their lawgiven powers regarding tracking foreign guests at Japanese hotels. XY wonders if somebody at the NPA wasn’t involved in creating this misinformed article. It wouldn’t be the first time, and a recent (and very funny) article came out over the weekend describing how the Japanese Police have historically stretched laws to outlaw public behavior they basically just personally disliked. Just another example of how Japan is actually a mild (or sometimes not) police state. And that’s even before we get to the whole issue of re-fingerprinting NJ and the flawed reasoning behind it.

Asahi: Japan’s Supreme Court approves police surveillance of Muslim residents due to their religion: Next up, surveilling NJ residents due to their extranationality?

Posted on August 4, 2016September 3, 2016 by Debito Arudou, Ph.D.

Asahi: Muslims can still be monitored in Japan solely based on their religion, while in the United States courts are cracking down on granting such approval. An appeal by 17 Muslim plaintiffs accusing police of snooping on them was dismissed by the Japanese Supreme Court in late May, which upheld lower court decisions.

The plaintiffs argued that “carrying out surveillance of us on grounds of our religion amounts to discrimination and is a violation of the Constitution” in the lawsuit filed against the Tokyo metropolitan and the central government. Tokyo’s Metropolitan Police Department had been keeping close tabs on Muslims solely because of their religion, reasoning it was pre-empting possible terrorism. […]

The recent Japanese case came to light in 2010 after 114 articles from internal MPD documents containing personal information on Muslim residents in Japan were leaked online. Data included names, photos, addresses, employers and friends.

The leaked data showed that the documents were compiled in a style of a resume on each individual, along with a record of tailing them. Compensation of 90 million yen ($874,000) was awarded to the plaintiffs by the Tokyo District Court and the Tokyo High Court, which ruled there was a “flaw in information management.” However, the plaintiffs appealed because the courts stated “surveillance of Muslims” was “unavoidable” in order to uncover terror plots. The top court sided with lower court rulings, declaring the surveillance was not unconstitutional.

COMMENT: The obvious extension of this legitimization of racial profiling (defined as using a process of differentiation, othering, and subordination to target a people in Japan; it does not have to rely on phenotypical “looks”) is that for “national security reasons” the next step is to target and snoop on all foreign residents in Japan. Because they might be terrorists. The National Police Agency et al. have already been justifying the targeting of NJ as terrorists (not to mention as criminals, “illegal overstayers”, holders of “foreign DNA”, and carriers of contagious diseases). And Japan’s Supreme Court has now effectively given the green light to that too. The noose further tightens around NJ residents in Japan.

DEBITO.ORG NEWSLETTER AUGUST 1, 2016

Posted on August 1, 2016August 2, 2016 by Debito Arudou, Ph.D.

Table of Contents:
GOOD NEWS
1) Ten years of Debito.org’s Blog: June 17, 2006. And counting.
2) Book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Press 2016) now out early in paperback

LESS GOOD
3) Brief comments on the July 2016 Upper House Election: The path is cleared for Japan’s Constitutional revision
4) Meanwhile back in Tokyo: Gov candidate Koike Yuriko allegedly spoke at anti-foreign hate group Zaitokukai in 2010
5) Zaitokukai xenophobic hate group’s Sakurai Makoto runs for Tokyo Governorship; his electoral platform analyzed here (UPDATED: he lost badly)
6) One reason why human rights are not taken seriously in Japan: Childish essays like these in the Mainichi.

MORE BAD
7) Shibuya Police asking local “minpaku” Airbnb renters to report their foreign lodgers “to avoid Olympic terrorism”. Comes with racialized illustrations
8 ) TV “Economist” Mitsuhashi Takaaki on foreign labor in Japan: “80% of Chinese in Japan are spies”: “foreigners will destroy Japanese culture”
9) Overseas online info site Traveloco.jp’s “Japanese Only” rules: “People with foreign-sounding names refused service”
10) Kyodo: Foreign laborers illegally working on farms in Japan increases sharply [sic]. How about the J employers who employ illegally?
11) CG on increased exit taxes on health insurance and residency when you change jobs and domiciles in Japan

AND ON A HAPPIER NOTE:
12) Ivan Hall’s new book: “Happier Islams: Happier US Too!” A memoir of his USIS stationing in Afghanistan and East Pakistan. Now available as Amazon Kindle ebook.

Japan Times JBC column 99, “For Abe, it will always be about the Constitution”, Aug 1, 2016

Posted on July 31, 2016 by Debito Arudou, Ph.D.

JBC: Prime Minister Shinzo Abe scored a hat trick this election, and it reaffirmed his mandate to do whatever he likes. And you’re probably not going to like what that is.

Of those three victories, the first election in December 2012 was a rout of the leftist Democratic Party of Japan and it thrust the more powerful Lower House of Parliament firmly into the hands of the long-incumbent Liberal Democratic Party under Abe. The second election in December 2014 further normalized Japan’s lurch to the far right, giving the ruling coalition a supermajority of 2/3 of the seats in the Lower House.

July’s election delivered the Upper House to Abe. And how. Although a few protest votes found their way to small fringe leftist parties, the LDP and parties simpatico with Abe’s policies picked up even more seats. And with the recent defection of Diet member Tatsuo Hirano from the opposition, the LDP alone has a parliamentary majority for the first time in 27 years, and a supermajority of simpaticos. Once again the biggest loser was the leftist Democratic Party, whose fall from power three years ago has even accelerated.

So that’s it then: Abe has achieved his goals. And with that momentum he’s going to change the Japanese Constitution.

Amazingly, this isn’t obvious to some observers. The Wall Street Journal, The Economist (London), and Abe insiders still cheerfully opined that Abe’s primary concern remains the economy — that constitutional reform will remain on the backburner. But some media made similar optimistic predictions after Abe’s past electoral victories…
Read the rest at http://www.japantimes.co.jp/community/2016/07/31/issues/abe-will-always-constitution/

Zaitokukai xenophobic hate group’s Sakurai Makoto runs for Tokyo Governorship; his electoral platform analyzed here (UPDATED: he lost badly)

Posted on July 26, 2016July 31, 2016 by Debito Arudou, Ph.D.

As Debito.org’s second post on the upcoming July 31, 2016 Tokyo Governorship race, I just wanted to cover the candidacy of the anti-foreign vote, particularly Sakurai Makoto, “former leader” of the officially-certified xenophobic hate group Zaitokukai. Here’s his campaign poster:

While this bullying berk hasn’t a snowball’s chance of winning, thank goodness, it’s still a bellwether of Japan’s general tolerance of hate speech that a person like this would be taken seriously enough to allow a candidate who espouses hatred of whole peoples (and believe me he’s not alone, pre-hate speech law). So let’s take a look at his party platform, since that’s what we do here. Here are the seven points of his platform:

Hawaii is about to receive a direct hit from Tropical Storm Darby. Will keep you posted [CONCLUDED]

Posted on July 23, 2016July 25, 2016 by Debito Arudou, Ph.D.

Another quick one as the weather deteriorates. Tropical Storm Darby is about to hit Hawaii. Hopefully the damage won’t be too severe, but we’re anticipating heavy rainfall and flash floods. Will keep you posted as the situation develops.

UPDATE: The storm hit us during yesterday afternoon and dumped in some places 2-4 inches of rain per hour. Downtown Honolulu, particularly Ala Moana, Chinatown, and the main road arteries were flooded to the point of cars floating. I personally received reports of people stranded in traffic between exits for hours on the H1. That said, it was far more rain than wind, and life is getting back to normal already on this sunny Monday morning. This rare hit of Oahu by a tropical was nothing like Iniki’s hit of Kauai in 1992, which damaged several areas beyond repair. Nor is it like the storm that flooded UH Manoa in 2004 and almost killed several library students attending class in the basement.

Meanwhile back in Tokyo: Gov candidate Koike Yuriko allegedly spoke at anti-foreign hate group Zaitokukai in 2010

Posted on July 19, 2016July 22, 2016 by Debito Arudou, Ph.D.

For those who haven’t been following Japanese politics (recently it’s been a pretty dismal science), there’s another race you might want to follow — that of the race for Tokyo Governorship on July 31, 2016. This matters, because Tokyo is 1) Japan’s largest and most cosmopolitan city, one of few with a still-growing population (as Japan’s countryside continues to depopulate and die) and even significant foreign resident enclaves; 2) a world city, cited by at least one international ranking system (Monocle, incidentally partially owned by a Japanese publisher) as the world’s “most livable city”; and 3) the city with the highest GDP (according to the Brookings Institution, even adjusted for PPP) in the world — in fact, according to the IMF, Tokyo alone is the ninth-largest economy in the world, larger even than Brazil, and easily over a third of Japan’s entire GDP (at 36%).

So who gets elected governor of this capital city area should matter to the world. And it has, at least to the world’s third-largest economy. Tokyo set the trend for electing far-right xenophobic governors by electing (several times) Ishihara “I wanted a war with China” Shintaro, who legitimized a xenophobic program within Tokyo environs to the point where bullying of foreigners became normalized throughout Japan (see also book “Embedded Racism” Ch. 7). And with that, far-right hate group Zaitokukai and similar groups became emboldened to hold anti-foreign rallies (some that advocated the “killing of all Koreans”) on a daily basis in recent years. Not to mention that Tokyo is hosting the 2020 Olympics. Given the degree of centralization of, well, everything that matters in Japan in Tokyo, as Tokyo does, so does the rest of Japan.

That’s why the Tokyo Governorship has been a controversial seat this century. First, Governor Ishihara used it as a bully pulpit to justify destabilizing the rest of Asia. Then his hand-picked successor, former Vice-Governor and investigative writer Inose Naoki resigned after a payola scandal. His successor, TV personality and pundit Masuzoe Yoichi similarly recently resigned after a payola scandal. Now the seat has become a referendum of the two leading parties, the waxing and right-shifting Liberal Democratic Party of PM Abe Shinzo, and the waning leftist Democratic Party still trying to recapture some momentum. And into the breach has dived LDP former cabinet member Koike Yuriko, who may even be a favorite to win.

But not so fast. According to Zaitokukai, Koike spoke at their organization back in 2010. Koike is known as a person who flip-flops between parties and positions often, but this is a bit too far for Debito.org’s comfort. Is this the type of person that Tokyoites want?

Japan Center for Michigan Universities (Hikone, Shiga Pref.) sponsors July 23 lecture by Japan’s first Muslim lawyer Junko Hayashi, on Islam and issues faced by Muslims in Japan

Posted on July 13, 2016 by Debito Arudou, Ph.D.

The Japan Center for Michigan Universities (JCMU) in Hikone, Shiga Prefecture, is proud to welcome Junko Hayashi, Japan’s first female Muslim attorney, to speak about Islam and the issues faced by Muslims in Japan. In a recent court battle, Ms. Hayashi represented Japanese Muslims that were being watched by the Japanese government for no reason other than they are Muslims. The surveillance of these Japanese citizens came to light after information gathered by police was accidentally leaked on the Internet. Japanese courts ruled that there was no constitutional violation and that the threat of international terrorism outweighed any privacy right held by the plaintiffs.

Muslim culture is an important part of Michigan culture, making JCMU the ideal place to host this event. JCMU is also a place where people from many different cultures come together to learn about culture and language while exchanging ideas that make our world a better place. It is JCMU’s hope that the Islamophobia gripping much of the Western world can be avoided in Japan through education and mutual understanding.

Ms. Hayashi will present at JCMU (1435-86 Matsubara-Cho, Hikone-Shi, Shiga-Ken 522-0002) on July 23, 2016 in both English and Japanese. People interested in attending the lecture can register by email at register@jcmu.org. The English language lecture will start at 17:00, with the Japanese lecture following at 19:00. For further information about JCMU and its programs please see our website English website at jcmu.isp.msu.edu and our Japanese website at www.jcmu.net. Flyer enclosed at this blog entry.

Brief comments on the July 2016 Upper House Election: The path is cleared for Japan’s Constitutional revision

Posted on July 11, 2016July 11, 2016 by Debito Arudou, Ph.D.

Commentators have talked about the deception behind this election (that Abe kept the talk on economics instead of his pet project of reforming Japan’s American-written 1945 Constitution in ways that are neither Liberal nor Democratic), about how Japan’s opposition have been so disorganized that they haven’t put up much more than an “anyone-but-Abe” policy stance, and about how PM Abe probably won’t go after the Constitution for a while.

But I would disagree. What more does Abe need in terms of confirmed mandate? As I said, he’s won three elections solidly (probably better than even former PM and LDP party-leader template Koizumi did), he’s essentially gotten a supermajority in both houses of Parliament, and these wins will be seen as public affirmation that Abe’s on the right track (especially within the ranks of the LDP itself; he already regained the LDP presidency running unopposed). Abe has made it quite clear constantly since he’s been anywhere close to power that he wants a return to Japan’s past (foreigner-uninfluenced) glories. Now nothing is really stopping him, short of a national referendum.

And despite opinion polls saying that people don’t want bits or all of Japan’s Constitution changed, I don’t think the Japanese public is all that scared of that happening anymore. Not enough to vote significantly against him at election time. My take is that Japan is becoming a more geriatric society, and with that more politically conservative. That conservatism I don’t think extends to old documents seen as imposed as part of Victors’ Justice. As of this writing, I will be surprised if a) Abe doesn’t push for Constitutional revision, and b) it doesn’t succeed. Clearly the Japanese public keeps handing Abe the keys to do so.

Book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Press 2016) now out early in paperback: $49.99

Posted on July 9, 2016July 11, 2016 by Debito Arudou, Ph.D.

Sales of book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books, November 2015) in hardcover have been outstanding. In less than a year after being published, WorldCat says as of this writing that 83 of the world’s major academic libraries worldwide (including Stanford, Cornell, UC Berkeley, Columbia, Harvard, Yale, and Princeton) already have it in their collections.

Now my publisher has brought it out in paperback early for classroom use (it usually takes a year or two before that happens). Price: Less than half the hardcover price, at $49.99. It currently occupies the first spot of Lexington’s Sociology Catalog this year under Regional Studies: Asia (page 33).

Now’s your chance to get a copy, either from the publisher directly or from outlets such as Amazon.com. Read the research I spent nearly two decades on, which earned a Ph.D., and has for the first time 1) generated talk within Japanese Studies of a new way of analyzing racism in Japan (with a new unstudied minority called “Visible Minorities”), and 2) applied Critical Race Theory to Japan and found that the lessons of racialization processes (and White Privilege) still apply to a non-White society (in terms of Wajin Privilege).

Get the book that finally exposes the discrimination in Japan by physical appearance as a racialization process, and how the people who claim that “Japan has only one race, therefore no racism” are quite simply wrong. Further, as the book argues in the last chapter, if this situation is not resolved, demographically-shrinking Japanese society faces a bleak future.

Overseas online info site Traveloco.jp’s “Japanese Only” rules: “People with foreign-sounding names refused service”

Posted on July 5, 2016July 5, 2016 by Debito Arudou, Ph.D.

Here we have an online information site called Traveloco.jp, which apparently reserves its services “for Japanese Only living abroad”. This is another permutation of Japanese corporate practices erecting arbitrary firewalls between people due to their nationality, ethnicity, etc., or, in Traveloco.jp’s case, “having a name that does not appear to be Japanese”. I wonder how “Arudou Debito” would fare. And as MT says below, why can’t anyone who can read and write Japanese be allowed service?

MT: I am thinking of suing traveloco.jp site because they closed and banned my account right after I informed them of my name, which to them “does not appear to be Japanese”. Note that there is no explicit mention of this in their official terms of use (enclosed), and I had some interesting ideas for them and some services to share with those Japanese who would be interested in my country or would be coming to [my home country].

I want them to review their policies, so that everyone (regardless of race) who is capable to communicate in Japanese could use the site with no discrimination against them – especially not based on their western-like names (if it is not a “Japanese” name)! My correspondence with them speaks for itself. And these are young entrepreneurs, not just some old folks, but the Y-generation!!! This sentiment and notion of Japaneseness is routed very very deeply even in these young men, who are getting their foot in the door of the start-up world.

CG on increased exit taxes on health insurance and residency when you change jobs and domiciles in Japan

Posted on July 1, 2016 by Debito Arudou, Ph.D.

CG: I was hoping to ask you a question. I’ve done a fair amount of searching online and haven’t found an answer, and the people directly involved in the issue can’t (or won’t) give a plausible answer either. Recently I switched jobs and moved to a new town here after over ten years working for the previous town’s 教育委員会 [BOE]. When I received my final paycheck, they deducted twice the normal tax amount for 社会保険 [shakai hoken; health and pension insurance] and three times the normal amount for 住民税 [juuminzei; local residency taxes]、helping themselves to an extra over ８万円 [80,000 yen]。 Have you heard of such a situation before? The fact that I can’t find any information about such a “moving tax” or get clear answers strikes me as very strange. If you have a moment, I’d be very glad to know your thoughts.

MY THOUGHTS: Not sure. Anyone out there with this experience who figured out what was going on?

Shibuya Police asking local “minpaku” Airbnb renters to report their foreign lodgers “to avoid Olympic terrorism”. Comes with racialized illustrations

Posted on June 27, 2016June 27, 2016 by Debito Arudou, Ph.D.

A Shibuya Police poster reads:
=============================
WE ARE ASKING FOR INFORMATION FROM MINPAKU HOSTELERS
“Minpaku” is defined as the service of offering paid accommodation using empty rooms etc. from individual homes.
To prevent terrorism and for the success of the Olympics, we need information from everyone
We are especially asking for information from individually-standing homes doing Minpaku.
Please call the Shibuya Police Department, Head of Crime Prevention, at 3498-0110 ext 2612.
=============================

That’s the literal translation of the text. Note how there is no reference whatsoever textually about foreigners. However, contextually, in the margins there are illustrations of eight racialized “foreigners” of ostensibly European, African, and Middle-Eastern extractions complete with differentiated eye color, hair color, skin color, and facial hair. Note how there is no representation of “Asian” foreigners, even though they make up the majority of Japan’s tourists. I guess they’re not the type that Shinjuku cops are looking for.

My comments about this are seasoned to the point of predictably: 1) Once again, Japan’s police are using racial profiling to determine who is a foreigner as well as a terrorist. 2) Japan’s police are rallying the public to do their bidding on unlawful activities (i.e., scaring them with the threat of terrorism into reporting their foreign lodgers to the police, which neither minpaku nor actual hotels are required to do). 3) The use and proliferation of racialized caricature seems to be normalized standard operating procedure with Japan’s police. (Why not? Nobody’s going to stop them when they keep Japan’s public constantly afraid of foreigners to the point of normalized targeting.) And 4), as I have written before, Japan is not mature enough as a society to host these international events, for the National Police Agency whips everyone up into a frenzy about foreign crime, hooliganism, and/or terrorism. And then the NPA uses the events to clamp down on civil liberties for everyone. Thus there is insufficient check and balance to keep these bunker-mentality bureaucrats from exaggerating their mandate. The Tokyo Olympics are still more than 4 years away. Expect even more of this embedded racism to surface into full-blown state-sponsored xenophobia in the meantime.