My SNA Visible Minorities column 56: Addressing Japan’s Child Abduction Problem (on the recent bill passed to allow joint custody after divorce (May 27, 2024)

Posted on May 28, 2024 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s my latest SNA column. There are mixed feelings from many people hurt by the Koseki System, but I hold the view that the new law allowing for Joint Custody after divorce is a step in the right direction. Read on and see what you think. Debito Arudou, Ph.D.

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ADDRESSING JAPAN’S CHILD ABDUCTION PROBLEM
By Debito Arudou, Ph.D., Shingetsu News Agency Visible Minorities column 56, May 27, 2024

Courtesy https://shingetsunewsagency.com/2024/05/27/visible-minorities-addressing-japans-child-abduction-problem/

It has been one of Japan’s worst-kept secrets. It has shattered lives and caused enormous international embarrassment to Japan’s reputation as a nation of laws. It has caused untold misery to countless children and families worldwide. And amongst all the G7 “developed” nations, it only happens like this in Japan.

I’m talking about Japan’s issues with child custody and access after divorce.

Japan has something called the Family Registry (koseki) system. It serves the important purposes of not only conferring Japanese citizenship, it also prioritizes the family unit over the individual. A throwback system unamended for more than a century, the Family Registry has a major bug: If you get divorced, the bureaucracy forces the couple as a registered family unit to cleave back into two unconnected individuals with completely severed family ties.

The problem is that children are likewise forced into one severed family registry or another, This means they lose all legal ties with one parent, and that parent (usually the father) has not rights of joint custody or child visitation.

This means that divorce in Japan completely disappears a “Left Behind Parent’ (LBP) from a child’s life.

This invisibility is enforced by the rest of society too. For example, if you want to visit your child’s school and find out how they’re getting along, the school will turn you away as a stranger. Or if you want to say hello to your child at home or on the street, your ex can call the police and have you arrested as a stalker. Even in extreme cases where the custodial parent dies or abandons the children, grandparents have adopted the kids (since the kids are still legally registered to that family unit) and shut out the LBP all over again! Despite this, LBP are obligated to pay child support. So essentially the system is there to punish you for ever getting divorced, since you lose everything and can’t even pay to play.

This cruel system affects everyone in Japan, Japanese citizen or not (as former Prime Minister and LBP Junichiro Koizumi can attest). But it hits international divorces especially hard. If you are, say, a foreign resident with a Spouse Visa you void your status to live and work in Japan. Then on top of that you get specially targeted by two evil narratives.

One is of course the racial profiling that happens when your ex siccs the police on you, and you get the regular third degree for existing while foreign in Japan. The other is a conviction that foreigners are naturally violent and prone to spousal or child abuse. Yes, people actually believe (and are repeatedly told by mass media and even the Japanese government) that despite all the bullying in Japan that goes on at home, school, and the workplace, foreigners are the ones who beat their children because of automatically presumed “cultural differences.”

Your rights are even fewer if you marry a Japanese and live overseas. Umpteen cases have been recorded of illegal child abductions (e.g., taking a child across an international border without the permission of both parents) by Japanese spouses fleeing to Japan. Sometimes they are assisted by abduction guidebooks you can find on Amazon Japan. Sometimes they have been actively abetted by the local Japanese consulate issuing them a new passport, in defiance of overseas court orders granting joint or sole custody to the Non-Japanese parent. And when the LBP comes to Japan to enforce the court order in Japanese court, they get ruled against because “habitual residence” has already been established here. She who dares, wins.

Many a Non-Japanese LBP has been arrested, gone on hunger strike, or even committed suicide due to this nightmarish lack of rights. And enough international arrest warrants on Japanese spouses have piqued the interest of foreign governments. Finally, after decades of overseas government pressure (gaiatsu), Japan signed The Hague Convention on International Child Abductions in 2014, only a decade ago. Unfortunately, Japan just caveated its way out of ever enforcing it.

People filing claims under the Convention rarely got a Japanese court to side with them. If the abduction took place many months ago, then “habitual residence” was established and that’s that. Or there’s the common prejudice that a child naturally belongs more with their mother. And one verbal claim of “child abuse” or “spousal violence” (which in Japan, according to some spokespeople, could include a raised voice, an angry look, or even a silent stare in an argument) is usually enough to close ranks. Plus there’s the conceit that Japan’s population is decreasing, so there’s a demographic interest in stopping depopulation through repatriation. We got our kid back, so that’s that.

This system has even inspired racism. As I mentioned before, the Japanese mass media and government surveys have long had a white-hot curiosity about finding what causes conflict in any international marriage. (Japanese men are pretty browned off about losing their women to foreigners—even though the majority of international marriages are Japanese men to foreign women—so there’s a smug satisfaction in knowing that foreign men aren’t perfect either.) But a Foreign Ministry pamphlet in 2014, issued shortly after Japan signed the Convention, clearly reinforced the narrative that foreigners are violent through illustrations depicting a Caucasian father beating his child. For good measure, the pamphlet also insinuated that Japanese can’t get a fair deal in a foreign court, and was clearly written working backward from a conclusion that the Convention disadvantaged Japanese.

Likewise, the most creative argument came from far-right propaganda network Sakura TV, which opined in 2018 that Japan’s signing the Hague Convention was just the judiciary trying to appease White people. The Convention’s main goal was to empower White men playing around with women from “uncivilized” countries, who would then divorce them in favor of White women, and convert their foreign playthings into de facto babysitters of their offspring. Therefore the Convention exists to ensure White cads still enjoy access to their bastard children!

But let’s return to reality and get to the good news occasioning this column. First, full disclosure: I too have been through a divorce in Japan and lost all contact with my children. So have many of my friends and colleagues, Japanese and foreign. I have argued before that nobody, Japanese or foreign, should get married under these conditions and have children, as it’s just too risky should the relationship sour. I stand by that argument even today.

But finally this May the Japanese Diet passed a law establishing joint custody. Starting in 2026 and working retroactively, this law means that both parents will now, at least on paper, legally have a say in a child’s upbringing after divorce. Unless both parents agree to sole custody, joint is presumed under Family Court proceedings.

Naturally, there will be caveats for accusations of domestic violence or child abuse. But these have to be recognized by a court case-by-case as legitimate concerns. It is the first change to Japan’s laws concerning parental authority in 77 years, and it will be revisited in five years to assess how well it’s working.

Not surprisingly, the response has been muted from my experienced colleagues. Some, inured to decades of Japan’s bad-faith negotiations and policing, doubt the law will ever be properly enforced. Signing the Convention didn’t work, so why should this? After all, what Japanese court would ever willfully give priority to a foreigner over a Japanese in a dispute? Or by now the law is too little, too late, as their children are all grown up and the damage is done for a lifetime. An outcome that makes up for all the past cruelty and denial is simply impossible.

Nevertheless, my take is that this new law is still good news. It’s better to have it than not. It can be pointed to as the law of the land, as opposed to a malleable norm that can be much more easily bent away from any LBP in any convoluted “he-said, she-said” dispute.

In principle, giving power to both parents over the well-being of a child is better than giving all power to one vindictive spouse. It will at least allow the possibility of a child hearing both sides of a story, which is a valuable skill set for anyone in their formative years. Moreover it will bring Japan back within international practices.

It’s been pretty much determined by child psychologists that, on average, children need both parents in their life. It’s about time the law in Japan reflected that. The Japanese government has finally taken that step in the right direction. Now let’s wait and see if it gets enforced in good faith.
ENDS

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After decades of international exposure, embarrassment, broken treaty promises, xenophobic and racist tropes, and deprived children, Japan finally changes its laws to allow joint custody of children after divorce, taking effect in 2026.

Posted on May 19, 2024May 20, 2024 by Debito Arudou, Ph.D.

mytest

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Hi Blog. Debito.org has been quiet on these developments until they actually came to fruition, and now that they have, it’s time to cheer. Japan has finally gotten around to fixing one of its worst-kept secrets: Child Abductions after divorces. After years of international pressure (and all manner of racist justifications of the status quo, including even the Foreign Ministry accusing foreigners of being naturally violent, and Japan offering safe haven for international child abductions despite signing an international treaty against it), the Diet has just passed legislation allowing for joint custody after divorce. Meaning both parents now have the ability to have a say in raising a child even if the relationship falls apart. It comes into effect in 2026 and will be reassessed five years later.

Debito.org has talked about this issue for decades (since I too lost all contact with my children after my divorce, which is in fact the norm in Japan, thanks to the Koseki Family Registry system forcing split couples to sever all legal family ties and thus all rights to any contact). Not only because NJ are particularly vulnerable to becoming “Left Behind Parents” in intercontinental relationships (since the J spouse can either make off with the child back to Japan or deprive you of a Spouse Visa), but also because this situation affected ALL divorces in Japan, regardless of nationality. It left all children in Japan vulnerable to being used a pawn used to punish one parent out of spite. And that would often carry on into adulthood, with the adult offspring hating the LBP parent without ever hearing both sides of the story or knowing the LBP cares about them. This is not normal even in peer countries. As the Mainichi notes below, “Japan had been the only country among the Group of Seven industrialized nation with no joint custody system, according to a Justice Ministry survey of other countries released in 2020.”

Anyway, this is an extremely positive and long overdue development, and it’s another example of Japanese domestic law not changing without international shame and pressure. It’s just a shame it couldn’t have happened decades ago when it would have made a difference to me and my divorced friends. Let’s hope this brings more reality to future relationships. Divorces are complicated. Adding more child abuse into the mix (and by this I mean the child abuse that is inherent in an automatic severance of custodial ties) just made it worse. Debito Arudou, Ph.D.

(PS: I even wrote a novel on this subject, if you’re interested. Details here.)

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JAPAN / Crime & Legal
Japan changes law to allow joint custody after divorce
Legislation that allows the option of joint custody of children after divorce is passed at the Upper House plenary session on Friday.
AFP-Jiji/Japan Times, May 17, 2024
https://www.japantimes.co.jp/news/2024/05/17/japan/crime-legal/japan-revises-law-to-allow-joint-custody/

Japanese lawmakers enacted legislation Friday that allows the option of joint custody of children after divorce.

For decades in Japan, one parent — almost always the mother — has been granted legal custody when a marriage ends, a rule seen by its supporters as a safeguard against domestic violence and child abuse.

But concerns have been raised that it can cause meaningful contact to be cut off between the other parent and their child.

Long-simmering frustrations of noncustodial parents — often fathers — over lack of access to children have helped build pressure for change.

A U.N. committee in 2019 recommended that Japan “allow for shared custody of children when it is in the child’s best interests, including for foreign parents.”

The new bill stipulates that sole custody be maintained if both parents agree it is the best option, or in court-recognized cases of domestic violence or child abuse.

One parent will also be able to make decisions without consulting the other on issues like schooling or health in “emergency circumstances.”

No official tallies exist for the number of minors cut off from a parent in Japan, but even so, campaigns both for and against the changes have been loud.

A 2022 survey carried out by a support group for single mothers found that 80% of single parents in Japan were against or disinclined toward joint custody.

“Even in cases of domestic violence, failure to prove it in court due to insufficient evidence can lead to joint custody being established,” campaigners against the move said in January. ENDS

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Japan passes a revised law allowing joint child custody for divorced parents for the first time
Japan’s parliament has passed a revision to the country’s civil code that will allow divorced parents the option of joint child custody, a change that brings the nation in line with many other countries
By MARI YAMAGUCHI Associated Press, May 17, 2024
https://abcnews.go.com/International/wireStory/japan-passes-revised-law-allowing-joint-child-custody-110330983

TOKYO — Japan’s parliament on Friday passed a revision to the country’s civil code that will allow divorced parents the option of joint child custody, a change that brings the nation in line with many other countries.

The revision, the first to custody rights in nearly 80 years, is to take effect by 2026. It will allow divorced parents to choose either dual or single custody while requiring them to cooperate in ensuring their children’s rights and wellbeing.

Under the current law, child custody is granted to only one divorced parent, almost always the mother.

The change comes as divorces are increasing in Japan and a growing number of divorced fathers hope to stay in touch with their children. A number of high-profile allegations made by divorced foreign fathers who blamed their former partners for abducting their children and returning to Japan also encouraged the change.

The revision requires the sharing of child rearing costs by the parent who is not the main custodian. Currently, most divorced mothers, who often are part-time workers with low incomes, do not receive financial support from their former husbands.

In cases in which domestic violence or abuse by either parent is suspected, the other person will have sole custody, according to the revision.

Supporters of joint custody say it allows both divorced parents to play a role in child rearing. Opponents, including rights groups and some victims of domestic violence, have raised concern that the new system could make it harder for parents to cut ties with abusive spouses and that they may not be allowed a real say in custody decisions.

The concerns prompted some modifications to the legislation during parliamentary debate to require authorities to make sure the custody decision was not one-sided.

Chief Cabinet Secretary Yoshimasa Hayashi told reporters that the revisions address concerns raised by domestic violence victims and their families. But the improvements don’t go far enough and the risk remains high for vulnerable members in the families, said Kazuko Ito, a lawyer who has campaigned against the revision.

Under the revision, divorced parents who choose joint custody must reach a consensus on their children’s education, long-term medical treatment and other key issues, and will need to seek a family court decision if an agreement cannot be reached.

Either parent can make decisions about their children’s daily activities, such as private lessons and meals, or emergency treatment.

The revision is to be reviewed five years after it takes effect. ENDS

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Japan’s Diet passes bill to allow joint custody after divorce

The House of Councillors passes a bill during a plenary session in parliament in Tokyo on May 17, 2024, to introduce joint custody for divorced couples with children. (Kyodo)

May 17, 2024 (Mainichi Japan)

https://mainichi.jp/english/articles/20240517/p2g/00m/0na/008000c

TOKYO (Kyodo) — Japan’s parliament on Friday passed a bill to introduce joint custody for divorced couples with children, in a landmark change that paves the way for the adoption of a practice widely used in other nations.

In the first law change regarding parental authority in 77 years, Japan’s Civil Code will permit divorced parents to choose either sole custody or joint custody, a shift from the current system that has only allowed custody by one parent — usually the mother.

The change comes as family relationships diversify in Japan amid a rise in couples splitting and eagerness by both parents to play a role in child-rearing. The current system has also posed challenges for foreign citizens seeking to maintain ties with their children if their divorced partners return to Japan with them.

About 160,000 minors in Japan experienced the divorce of their parents in 2022 alone, double the figure in 1950.

The revised law will enter into force within two years of its promulgation and be applied retroactively to those who have already divorced.

Under the revised Civil Code, parents will generally determine between themselves whether to opt for sole or joint custody, but if there is a dispute, a family court will intervene and decide on custody arrangements.

In cases where domestic violence and abuse by one of the parents is suspected, the other parent will have sole custody.

Proponents of the joint custody system say the revision allows both divorced parents to take part in child-rearing, but victims of domestic violence have voiced concern that the new system could hinder them from severing ties with their abusers as it would maintain connections to their former spouses.

Some also fear such victims may not be able to negotiate single custody or joint custody on an equal footing.

To address such concerns, the bill was modified during parliamentary deliberations to add a clause that calls for considering measures to “confirm the true intention” of each parent, but critics argue the government measures to protect domestic violence victims are too vague.

The new system will be reviewed five years after the revision come into force.

Under joint custody, consensus between parents is not required in making decisions on day-to-day matters, such as what to feed children and whether to vaccinate them.

Parents must reach consensus on important matters such as education and long-term medical treatment, but if they cannot do so in time in an urgent situation, one of the parents can decide on their own.

To avoid ambiguity in what would constitute an urgent situation, the government plans to provide clear examples.

The revision also includes measures against unpaid child support that will oblige a parent to provide minimum payments even if no agreement is reached upon divorce.

The new custody system is expected to increase the burden on family courts in Japan as they will play the role of ultimate arbiter for parents in complex situations in terms of child custody, such as judging whether domestic violence is involved.

Critics question whether family courts possess enough manpower to handle additional duties, with the number of cases filed with family courts rising to about 1.14 million in 2022, up nearly 300,000 from 2012, according to judicial statistics.

Prior to the revision, Japan had been the only country among the Group of Seven industrialized nation with no joint custody system, according to a Justice Ministry survey of other countries released in 2020.

Discussion of Japan’s sole custody system emerged partly in response to global criticism over parental abduction cases involving Japanese spouses who took children away from foreign partners after the failure of marriages and made it difficult for the foreign parent to see their children in Japan.

Japan joined in 2014 an international treaty to help settle cross-border child custody disputes. But in 2020, the European Parliament adopted a resolution urging Japan to improve its child custody rules, under which European parents in Japan have little recourse in the event of domestic child abduction by a Japanese spouse. ENDS

Reuters: Biden calls ally Japan ‘xenophobic’ along with rivals China and Russia (May 2, 2024). Bravo Biden!

Posted on May 16, 2024May 19, 2024 by Debito Arudou, Ph.D.

mytest

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Hi Blog. The next significant development over the past couple of weeks is POTUS Biden sounding off on xenophobia in Japan (and fellow ally India, as well as Russia and China), citing Japan’s inability to accept immigrants and harness their potential as a key issue in Japan’s longstanding economic doldrums.

(Reuters article on this below.)

COMMENT: Debito.org says “Bravo Biden!”, for obvious reasons we’ve covered on Debito.org since its beginning back in 1995. For generations now Japan has gotten a free pass on its racial discrimination (about which I’ve written entire books) simply because it’s an ally. It’s about time somebody in leadership chided things in the right direction. Unfortunately, geopolitics and human rights do not mix, and the latter has taken a back seat to the former for too long.

The response will be predictable and obvious. There will be the requisite handwringing from the diplomats and media, and the knee-jerk reactions from the ethnostatists defending Japan’s putative ethnic purity or sovereignty in various comments sections (although human rights supersede pat claims of sovereignty if you’ve signed the CERD, which Japan did nearly 30 years ago and still has not passed any laws against racial discrimination).

Whatever. It’s long overdue to state the fact that Japan as a polity simply will not keep its international promises, and Debito.org agrees with Biden that Japan’s lack of any official immigration policy hurts Japan as a society both economically and demographically. Debito Arudou, Ph.D.

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Biden calls ally Japan ‘xenophobic’ along with rivals China and Russia
BY JUSTIN SINK AND ISABEL REYNOLDS, BLOOMBERG
Reuters/Japan Times, May 2, 2024
https://www.japantimes.co.jp/news/2024/05/02/japan/politics/biden-china-japan-india-xenophobia/

U.S. President Joe Biden included ally Japan along with rivals China and Russia in a list of countries he called “xenophobic” on Wednesday, in a speech at a campaign fundraising event in Washington.

Biden reiterated remarks he made last month linking China’s economic woes to its unwillingness to accept immigration. This time he added Russia, but also longstanding ally Japan, whose Prime Minister Fumio Kishida he welcomed for a summit and state dinner in Washington just three weeks ago.

“You know, one of the reasons our economy is growing is because of you and many others. Why? Because we welcome immigrants,” Biden told Asian American and Pacific Islander donors Wednesday. “The reason — think about it — why is China stalling so bad economically? Why is Japan having trouble? Why is Russia, why is anyone? Because they’re xenophobic, they don’t want immigrants.”

His criticisms and the fact that Japan was mentioned alongside two major U.S. rivals could raise hackles in Tokyo. The U.S. and Japan announced a “significant upgrade” to their defense ties last month, citing the need to counter China’s “dangerous” actions in the Indo-Pacific region.

The April summit in Washington was overshadowed by Biden’s stance on a plan for Japan’s Nippon Steel to buy United States Steel, after he said the firm should remain U.S.-owned.

Japan’s government acknowledges its aging and shrinking population is a source of concern, with Kishida himself saying the issue threatens society’s ability to function.

The country is also gradually opening the door to more immigrants, many of whom are filling jobs in sectors where there are shortages of workers.

The number of foreign residents in Japan rose to a record high of 3.4 million in December 2023, up 10% on the previous year and representing about 2.7% of the population of about 124 million.

A survey by the Asahi newspaper published last month found 62% of respondents said more foreign workers should be accepted, compared with 44% in a similar poll in 2018. ENDS

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(Prior comments from Debito.org Readers on the Biden statement starting here.)

Debito cited in article, “Japan is becoming more diverse. Will its government?” Christian Science Monitor, April 12, 2024. As are several other naturalized and elected Japanese citizens originating from Canada, Uzbekistan, Syria/Egypt, and Bolivia.

Posted on April 16, 2024May 16, 2024 by Debito Arudou, Ph.D.

mytest

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Hi Blog. What follows is an insightful article on how NJ are becoming Japanese to the point where they’re getting elected at the local level. Meaning it’s possible. This is, in Debito.org’s view, a good thing, because having diverse voices enfranchised in a democracy does matter at the policymaking level. Groundwork for this article also inspired one of my recent SNA columns, where the reporter asked me if this was real evidence that fundamental changes were afoot. The exchange went something like this:

Reporter: “I think Heese, Orzugul, Inoue, and Sultan offer interesting insights into the shifting demographics of Japan. But none of them are Chinese, Korean, Vietnamese and Filipino—the four groups who make up the most non-Japanese residents. Do you think it is easier for certain types of Non-Japanese to gain power and acceptance in the country?”

Debito: “I don’t know. There is certainly a hierarchy of treatment based upon country of origin and skin color in Japan, especially in naturalization processes. But certainly people of Chinese and Korean ancestry have been elected in the past. Probably when other ethnic groups aren’t overworked, underpaid, and restricted to unstable visa statuses, we’ll see more of them naturalizing and running for office.” Debito Arudou, Ph.D.

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Japan is becoming more diverse. Will its government?
By Takehiko Kambayashi, Christian Science Monitor April 12, 2024. Article with photos of the interviewed at:
https://www.csmonitor.com/World/Asia-Pacific/2024/0412/japan-immigrants-local-government
TOKYO, KAWAGUCHI, AND TSUKUBA, JAPAN

A former swimming instructor from Egypt is helping revive the sleepy mountain town of Shonai, Japan. About 200 miles away, a Canadian polyglot is singing the praises of Tsukuba city. And Orzugul Babakhodjaeva is standing onstage at a food festival outside Tokyo, decked in a traditional Uzbek dress, expressing her desire to “create a society where diversity is accepted.”

The first-term city councilor in Tokyo’s Setagaya Ward – who does not use her family name, and campaigned simply as “Orzugul” – is one of a small but growing number of foreign-born local government members bringing fresh perspectives to an island nation long known for its homogeneity. These lawmakers are often multilingual and have rich international work experience. Their platforms have resonated with many Japanese voters, as well as with a growing population of non-Japanese residents.

The number of non-Japanese residents jumped 10.9% from 2022 to 2023, reaching a record 3.4 million, as the country struggles to address a chronic labor shortage driven by its aging population. Last year, 8,800 residents were naturalized as citizens, allowing them to vote in elections.

Shifting demographics are challenging Japan’s reputation as a homogeneous society – and creating unprecedented openings for immigrants to participate in local government.

Arudou Debito, author of the book “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination,” says the election of immigrants to local government is “very important” for Japan’s democracy.

“Non-Japanese residents’ viewpoints are woefully unseen in Japanese society. They’re treated as ‘guests,’” explains Mr. Arudou, who is a U.S.-born naturalized citizen. “The fact that former non-Japanese residents are getting elected means they aren’t ‘guests,’ meaning Japanese society can trust immigrants with public policymaking power.”

Outsiders’ lens

About 30 miles northeast of Tokyo, first-term Ibaraki Prefectural Assembly member Heese Jon cuts a dapper figure as he drives a reporter around the city of Tsukuba, boasting about its 360 parks and its culinary delights. The city also hosts the University of Tsukuba, the headquarters of the Japan Aerospace Exploration Agency, and other leading institutes.

“We are sitting at the heart of Japanese research,” says the native Canadian from the driver’s seat of his electric vehicle.

About 12,700 non-Japanese residents from 144 countries live in Tsukuba, making up 5% of its population, nearly twice the national rate of 2.8%.

Before his victory in the 2022 assembly election, Mr. Heese had already served four terms as a Tsukuba city councilor and won the most votes for three straight elections. He credits his popularity to his passion for women’s issues and the environment, as well as to his fresh face.

“The incestuousness of the political scene is really stunning,” he says. Especially in smaller cities, politicians “are almost all related to each other.” On billboards displaying local candidates, he stands out.

“One thing they can say is, ‘This is not someone who can be bribed,’” he says.

Tsukuba resident Sciortino Atsuko, who is married to an immigrant, believes that local government needs to reflect the city’s diversity. She says Mr. Heese, being married to a Japanese woman and raising kids in Tsukuba, understands the experience of being in an interracial family.

“Jon has long supported a non-Japanese community here, and played a role as a bridge with the government,” she says. “When non-Japanese speakers were in trouble at shops or gyms, Jon was the one who helped them out. … Jon has brought the needs of the minority to the table.”

Mr. Heese, who speaks five languages, says his long-term goal is to “bring politicians from all over Japan to foreign countries and be their guide. They do not look beyond their communities very far.”

Bolivian-born Inoue Noemi, a fourth-term member of Tokyo’s Sumida City Council, agrees that Japan can be an inward-looking country. “We need to go global,” she says.

Ms. Inoue worked at Bolivia’s central bank and the United Nations Development Program before moving to Japan in the late 1990s with her husband, a former member of parliament.

Inoue Noemi, a fourth-term member of Tokyo’s Sumida City Council, is from Bolivia. When she first came to Japan in the 1990s, women’s low social status was “the most shocking issue,” she recalls.

Before her first stint in local government in 2011, Ms. Inoue founded the Japan-Latin America Friendship Association in Tokyo to develop cultural, social, and business relations overseas. She also taught Spanish and still sees language barriers as a big problem.

Non-Japanese residents often have trouble communicating with police and hospital staff, she says. When facing problems from bullying to domestic abuse, few know what to do or where to go. Such information is not readily available in their languages.

Back in 2021, Sultan Nour was seriously considering leaving the northern town of Shonai, where he’d moved five years prior to be closer to nature. Like many rural areas in Japan, Shonai had struggled with severe depopulation, and no longer had any pediatricians. Mr. Sultan, who was born in Syria and grew up in Egypt, had two small children to care for.

But then he stumbled upon news of an upcoming by-election for the Shonai Town Assembly, and decided to go for it. He won that race and the next one, securing reelection with the highest vote count of all the candidates.

“I have long wanted to contribute to society,” says Mr. Sultan, who had taught English, managed an Arabic restaurant, and worked for a construction company in Japan before running for local office. He also works as an Arabic interpreter for authorities.

Change came in December 2023: Thanks in large part to continued pressure from Mr. Sultan and other parents, Shonai’s main hospital now has a pediatrician four days a week.

It’s not the end of Mr. Sultan’s mission in Shonai.

Japan’s population is aging rapidly, and like other policymakers who face the daunting task of reinvigorating Japan’s rural towns, Mr. Sultan emphasizes the need to “put more efforts into child care support, measures for the falling birthrate, and job creation.”

Ms. Inoue sees immigrants as a key part of the solution – but they need support. “Japan needs to have good immigration law to support foreigners to find a job and live a decent life,” Ms. Inoue says. “Now foreigners come, but nobody wants to rent a house to them.”

Her comments echo the experience of Orzugul, who was rejected by 53 companies when she first arrived in Japan, mainly because she did not graduate from a Japanese university. Later, she found it almost impossible to rent an apartment or business space in Tokyo without her Japanese husband present.

Despite the discrimination she faced, “I love Japan deeply,” says Orzugul. “That’s why I cannot look the other way. I would like to help open up doors to those who seek opportunity in this country.”
ENDS

Reuters: Visible Minorities (“Foreign-born residents”) file lawsuit against government for police racial profiling. Good. Go for it.

Posted on January 30, 2024January 30, 2024 by Debito Arudou, Ph.D.

mytest

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Foreign-born residents file suit in Japan over alleged racial profiling
By Chris Gallagher
Reuters January 29, 2024, courtesy of Senaiho
Article with excellent video on the case with statements from the Plaintiffs at
https://www.reuters.com/world/asia-pacific/foreign-born-residents-file-suit-japan-over-alleged-racial-profiling-2024-01-29/

TOKYO, Jan 29 – Three foreign-born residents of Japan filed a lawsuit on Monday against the national and local governments over alleged illegal questioning by police based on racial profiling.

It is the first such lawsuit in Japan, according to the plaintiffs’ lawyers, and comes amid a sharp rise in the number of foreign workers coming to the country to help stem labour shortages as its population ages and declines.

It also comes amid a renewed debate over what it means to be and look Japanese, after a Ukrainian-born, naturalised Japanese citizen was crowned Miss Japan last week.

The three men filed the lawsuit with the Tokyo District Court demanding that the national, Tokyo Metropolitan and Aichi Prefecture governments recognise that it is illegal for police officers to stop and question people solely on the basis of their race, nationality or ethnicity.

The plaintiffs say they have suffered distress from repeated police questioning based on their appearance and ethnicity, which they say is a violation of the constitution.

The Tokyo Metropolitan Government, Aichi Prefectural Government and National Police Agency all declined to comment, while representatives of the Ministry of Justice could not be reached. ENDS
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COMMENT: I won’t decline to comment. Debito.org has reported at length on how racial profiling is standard operating procedure for the Japanese police, so it’s an issue that deserves to be pursued in court. We’ve also sued the government before, and think it’s unlikely they’ll win (we didn’t). But it’s worth doing for the awareness raising. If we can get it on the record that the judiciary recognizes this as “racial profiling”, or even that “racial profiling” actually exists in Japan as a term and a phenomenon, this will be a big step ahead. Plaintiffs, go for it, and good luck, says Debito.org. Debito Arudou, Ph.D.

PS. This has made big international news, the likes I haven’t really seen since the Otaru Onsens Case. Good. Links to sources here.

Here’s another good one:

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3 foreign-born residents in Japan file suit over claims of racial profiling by police
January 29, 2024 (Mainichi Japan), courtesy of Kimpatsu
https://mainichi.jp/english/articles/20240129/p2a/00m/0na/019000c

PHOTO CAPTION: The plaintiffs, from left to right, Maurice, Zain Syed and Matthew participate in a press conference at the Tokyo District Court in Tokyo’s Chiyoda Ward on Jan. 29, 2024. (Mainichi/Jun Ida)

TOKYO — Three foreign-born residents of Japan filed suit at the Tokyo District Court on Jan. 29 against the Japanese state plus the Tokyo Metropolitan and Aichi Prefectural governments for what they claim is frequent police questioning based solely on their ethnicity, or racial profiling.

In addition to 3.3 million yen (about $22,000) each in compensation, the plaintiffs are demanding confirmation from the Tokyo and Aichi Prefectural governments that it is illegal for police officers to stop and question a person because of their race or nationality, and confirmation that the National Police Agency (NPA) is responsible for directing and making sure forces across Japan don’t engage in racial profiling. They allege that the police questioning violates Japanese constitutional guarantees of freedom from racial discrimination and respect for the individual, as well as Japanese law requiring probable cause for officers to stop and question someone.

Zain Syed, who came to Japan from Pakistan with his family when he was 8 and became a Japanese citizen at age 13, claims in the complaint that he has been questioned by police 15 times since moving to Nagoya as a teenager in 2016. In one incident in April 2023, he said that officers questioning him outside his home asked to see his foreign resident card, and searched his belongings when he informed them that he was a Japanese citizen. The officers allegedly never told Zain why he was being questioned.

“I understand it (police questioning) is extremely important for Japan’s public security,” Zain told a Jan. 29 press conference. However, his own frequent questioning made him suspect that people around him believed he might commit a crime because of his ‘foreign’ appearance. “I think there’s a very strong image that ‘foreigner’ equals ‘criminal,'” he said.

Fellow plaintiffs Maurice, a Black American, and Matthew, a South Pacific Islander of Indian descent, claim similar incidents of harassment when the officers involved did not give a clear legal reason for stopping them.

Maurice claims he has been questioned by police in public 16 or 17 times in the about 10 years he has lived in Japan. He told The Mainichi that it has “ramped up especially in the past five to six years.

“All I know is that if they (the police) stop me on the road and I don’t get a ticket, well, why did you stop me?” he said. And beyond the police, Maurice added that he is subjected to “extra questioning about what I’m doing” by regular people, including, “Are you overstaying your visa? Why are you here?”

Matthew states that police have questioned him at least 70 times since he arrived in Japan in 2002. In an incident in October 2021, Matthew said that officers who had pulled him and his Japanese wife over even stated that they had stopped the couple because “it’s rare to see a foreigner driving around here.” He added that he feels like he could be approached by police anywhere he goes in Tokyo, and multiple times, and that he now avoids going out.

Racial profiling, or the use of race, skin color, ethnicity, and other factors to suspect that someone is involved in crime, or target them for a police investigation, is a serious problem worldwide. In 2020, The United Nations’ Committee on the Elimination of Racial Discrimination has recommended countries to formulate guidelines to prevent racial profiling.

In December 2021, the U.S. Embassy in Japan revealed on its Twitter account that it had “received reports of foreigners stopped and searched by Japanese police in suspected racial profiling incidents.” Japanese lawmakers demanded the NPA report on the situation, and in April 2022 the agency began examining complaints, inquiries, and other consultations with police forces across the country. In November 2022, the NPA announced that it found six cases of police officers questioning people inappropriately or without cause based on national and racial stereotypes in 2021.

Meanwhile, a Tokyo Bar Association survey of foreign residents and those with foreign roots carried out between January and February 2022 found that 62.9% of the 2,094 respondents claimed they had been questioned by police in the past five years. Of these, 85.4% said that officers approached them while acknowledging that they were someone with foreign roots based on “physical features” and other factors. And some 76.9% believed that there were no other factors than them being “a foreigner or someone with foreign roots” that prompted officers to approach them.

Plaintiffs’ attorney Motoki Taniguchi told the conference that, as the Japanese government tries to attract more foreign workers to combat the impact of its aging society and low birth rate, “society must be structured so that we can all live together with people with different roots.” He added that racial profiling by police has made “not a few people with foreign roots feel they’ve had enough, that they’re tired of Japan. Japan hasn’t formed the mindset yet that they (people with foreign roots) should be welcomed and treated as members of Japanese society.”

Police questioning “happens on the street, so naturally people who are around see this and may think that foreigners are up to no good. It reinforces a stigma. This completely contradicts the Japanese government’s policy of welcoming more foreigners to Japan.”

Zain noted that the number of people with foreign roots in Japanese society, including at schools, is rising, and will grow further as people stay long-term and have children here. “Compared to when I was a child, there are more people who, even if they look ‘foreign,’ they were born and raised in Japan and can only speak Japanese. I don’t want them to have the same experiences (with police) as I did, and I’d like to see a widening change of awareness across Japanese society,” he said.

(By Jun Ida and Robert Sakai-Irvine, The Mainichi staff writers) ENDS

My latest SNA VM column 52: “Positive Steps for Non-Japanese in Japan” (Jan 23, 2024), a report of a month spent in Tokyo and all the progress towards tolerance observed.

Posted on January 26, 2024January 26, 2024 by Debito Arudou, Ph.D.

mytest

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Hi Blog. While I’m aware that the bigger news is the recent Miss Japan Carolina Shiino debate once again bringing to light Japan’s ethnostatist narratives, I’ll get to that in February’s SNA column. Meanwhile, here’s January’s column. Enjoy. Debito Arudou, Ph.D.

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POSITIVE STEPS FOR NON-JAPANESE IN JAPAN
By Debito Arudou. Shingetsu News Agency Visible Minorities column 52, January 23, 2024
Courtesy https://shingetsunewsagency.com/2024/01/23/visible-minorities-positive-steps-for-non-japanese/

Last month SNA (and this column) went on vacation for Christmas and New Years. During the hiatus, I spent a month in Tokyo meandering around visiting sights and people, developing my inner flaneur as well as conducting relaxed random research. Tokyo, a walking city riddled with world-class transportation and public facilities, is an ideal place for that.

I spent almost every afternoon or evening talking with long-term Japan residents from many walks of life. This included six academic researchers, two foreign correspondents, a media celebrity, a long-term resident vlogger, an employee of NHK, two secondary school teachers, a naturalized regional politician, a rural ryokan operator, a high-tech product salesman, a retired airbnb operator, a foreign exchange graduate student, and a labor union leader. All are specialists in their fields in terms of training and experience, most are Lifers in Japan, and all offered insightful analysis of current conditions in Japan. My research will probably inform future columns this year.

This month’s column will offer my impressions about how much Japan has changed regarding the issues that have always been on my radar screen — society’s openness to Newcomers. On that score, I have some positive developments to report:

RESIDENCY REQUIREMENTS HAVE EASED TOWARDS EQUALITY

One of my biggest qualms about Japan has been its two-tiered official registration system that openly excluded foreigners as residents. One is the Family Registry (koseki), which is required for all Japanese citizens, and continues to overlook foreigners as spouses of Japanese and parents of children. But the other, the Residency Certificate (juminhyo), has been revised in a good way.

To illustrate, consider what happened to a foreign friend. She was able to move to Japan on a researcher visa, go to the local ward office and place herself on a juminhyo, then have her Japanese husband come over later and place himself on her juminhyo. Even better, when asked who the Head of Household (setai nushi) was, the foreign wife stepped forward as the main breadwinner and claimed the spot.

This is significant. I can remember when bureaucrats refused tp accept women as household heads since they assumed the man must be the main income earner, adding sexism to the racism. None of this was possible before 2012, so finally Non-Japanese residents are getting equal official recognition as family members and breadwinners.

WHAT STILL NEEDS TO BE DONE

Despite being listed as “Residents” in official tallies, Japan’s official population tallies still do not include foreigners — listed as “the population of Japanese” (nihonjin no jinko) rather than “the population of Japan” (nihon no jinko). And of course, the Koseki System has to be reformed to list foreigners under the “spouse” column properly. Hardly likely anytime soon, but one can dream.

JAPAN’S GEARING UP FOR TOURISM

Japan has done it again — turned on a dime and accepted a new reality. Despite years of sweaty handwringing about how “Yokoso Japan” and Cool Japan” would ever deal with foreigners and all their pesky foreign languages (as seen in the dozens of hotels nationwide at the time that said they would refuse service to any foreigner), Japan has now risen to the challenge of catering to the influx of foreign folks and money (which in 2023 approached record levels again).

Multilingual signs, instructions, and apps are all over, as are multilingual staff in shops. Major foreign credit cards can now buy JR train tickets easily. One friend even noted that his neighboring hotel didn’t have his website in Japanese anymore, since he preferred Non-Japanese customers for their flexibility regarding his more spartan accommodations!

It’s been rewarding for Japan after three “lost decades” of economic doldrums. Between 1 and 2 percent of Japan’s annual GDP is now reliant on non-domestic tourism, and multilingual speakers face abundant opportunities in service sectors all over Japan. After brazen “Japanese Only” signs for decades, Japan simply can’t afford to treat foreign customers like shit anymore.

WHAT STILL NEEDS TO BE DONE

Japan (including those whiny foreign residents who think more foreigners somehow spoil their “pure Japan” experience) have to bellyache less about how things are getting too touristy — for tourism is what you wanted. Also, Japan’s government has to tame its impulses to blame foreigners for any ills, as was blatantly seen in the reflexive blanket ban on all foreigners (including Permanent Residents) during the Covid Pandemic. And of course, there’s nothing to stop any bigot from putting up a “Japanese Only” sign, as they still remain legal. Pass that anti-discrimination law, already!

FOREIGNERS ARE PRETTY NORMAL IN TOKYO

Perhaps it’s because my quarter-century in Japan was living in the sticks, but I’ve noticed just how comfortable I feel in Tokyo. In my month there engaging in some pretty intense negotiations, almost never did I get “Nihongo ga jozu”-ed, nor did anyone “weird out” as if speaking Japanese to me was like dealing with a talking dog. A near-majority of convenience stores had Non-Japanese staff, doing stuff any Japanese could do, and their speaking Japanese (even to me) was no big deal.

Tolerance for diversity and difference was quite palpable this trip. I rarely felt like I had to rehearse my dialog before negotiating — even talking extemporaneously resulted in working through any problem to a solution via trial and error. Even all the accented Japanese wasn’t an issue, unlike the bad old days where people would simply dismiss anything slightly abnormal with a blank stare. It just didn’t happen, at least in Tokyo.

WHAT STILL NEEDS TO BE DONE

This “can do” attitude needs to spread nationwide. A few quick trips outside Tokyo later showed me how old ways, including stares, “jozu-ing,” and “weirding out” at accents, are still a thing. Again, one can dream.

In sum, a trip back to Tokyo was delightful. In previous trips, I usually get triggered by something sooner or later and wind up reflexively “doing a Debito,” i.e., getting pushy and scoldy to get some respect from the intolerant and intransigent. This time around, however, even after more than a month, nothing really got under my skin.

Maybe I’ve mellowed. But I think Japan has changed quite a bit for the better too. I’ll offer some more thoughts and case studies in future columns this year.

ENDS

“Japanese Only” sign on izakaya bar in Naha, Okinawa (Okinawa Times and Japan Today). Removed after govt scrutiny and media exposure.

Posted on October 11, 2023October 12, 2023 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s the latest entry for the Rogues’ Gallery of Exclusionary Establishments, where a bar in Okinawa refuses all “customers from overseas” (=”Japanese Only“) to enter the bar. The difference is that the media took it up and ran them through the wringer of logic. Not to mention they faced government scrutiny, which history shows makes all the difference. It came out poorly for the bar, so they took the sign down. Good. Debito Arudou, Ph.D.

(courtesy Okinawa Times)

Okinawa pub posts ‘Japanese only’ admission sign based on some shaky logic

Oct. 6 06:00 am JST 116 Comments

By Casey Baseel, SoraNews24, courtesy of Eric

https://japantoday.com/category/national/okinawa-pub-posts-‘japanese-only’-admission-sign-based-on-some-shaky-logic?

TOKYO: Outside an izakaya (Japanese pub) in Naha, the capital city of Okinawa Prefecture, a notice had been posted the management. At the top was an illustration of a cute cheerful samurai, bowing deeply as in greeting, but the words below were decidedly less welcoming.

The first line of the notice, written in Japanese, translates to “Because our staff can only speak Japanese,” which is repeated immediately below in English. After that, though, the notice continued in English only, declaring: “Japanese Only (sorry) We don’t allow customers from overseas to enter our bar.”

▼ A photo of the notice

Bars with Japanese-customers-only policies aren’t unheard of in Japan, but they’re becoming increasingly uncommon in the modern age. Moreover, when you do come across such establishments, they’re generally dedicated bars, with menus almost entirely consisting of drinks, and often the presence of hostesses or “floor lady” pseudo-hostesses. Izakaya, on the other hand, are essentially restaurants, where customers are expected to order both food and drinks, and it’s competitively rarer for them to have such exclusionary admission policies.

[Ed: Clearly the author didn’t do much research.]

According to local newspaper Okinawa Times, the notice had been posted since at least a year ago, during which the management has turned away non-Japanese would-be customers. Eventually the sign came to the attention of two members of a Naha residents group that reported it to various government departments, including the Naha City Tourism Division and Okinawa Convention Bureau. This prompted a visit by members of the Tourism Division in August of this year in which they asked the owner to take the sign down, especially in light of increasing numbers of overseas travelers visiting Okinawa following the lifting of pandemic protocols, but the owner refused to do so.

The owner claims that the notice wasn’t meant to be taken as discriminatory intent, saying “We only have one person working the dining hall, and one person in the kitchen, so we don’t have time to spare for customer interaction. We have no intent of discriminating.” Coupled with the sign’s disclaimer that the staff only speaks Japanese, that would seem to indicate that the aim of the no-customers-from-overseas rule was to eliminate time-consuming communication problems, but if that’s really the case, the more appropriate policy would have been “Customers must order in Japanese.” It’s pretty short-sighted to make a blanket assumption that all non-Japanese diners will be unable to speak Japanese, given that the number of people living outside Japan who’ve still acquired some basic proficiency with the language is higher than it’s ever been, as is the number of non-ethnically Japanese residents of Japan, most of whom can order food and drinks in the language without difficulty. Even if the owner’s concern was foreign customers asking for changes in how their food is prepared, something far more common at restaurants outside Japan than within it, a sign saying “No menu substitutions allowed” would be sufficient and succinct.

With the sign getting increased attention, the owner has apparently rethought the Tourism Division’s request to remove it, and at some point in September it was taken down, with the owner saying “The writing was incorrect.”

However, he also added “What I want the government to do isn’t to try to attract travelers from other countries, but to teach people about izakaya culture.” But if what he really wants is a broader understanding of izakaya drinking and dining traditions, presumably on a global scale (since Japanese people are already familiar with those traditions), it’s hard to see how turning people away because they’re not Japanese was going to accomplish that.

Source: Okinawa Times

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Japanese from Okinawa Times
入店拒否の張り紙。英語で「スタッフが日本語しか話せないため／日本人のみ（ごめんなさい）／海外からのお客さまは入店させません」と記す＝９月、那覇市
沖縄タイムズ　2023年10月2日 Courtesy of KM and JK
https://www.okinawatimes.co.jp/articles/-/1232333

那覇市の居酒屋が入り口に「ジャパニーズオンリー」と書いた紙を張り、外国人の入店を拒否していた。国籍による違法な差別で、市民グループが気付き、行政に相談した。現時点で店側は張り紙を取り外しているが、客や通行人を傷つけていた事実は残る。行政による支援や啓発の必要性も浮かぶ。（編集委員・阿部岳）

張り紙は「スタッフが日本語しかしゃべれないため」と書き、さらに英語で外国人の入店禁止を伝える内容。１年ほど前に張り、実際に入店を断ったこともある。拒否された客は「非常に悲しい」とネットに投稿している。
経営者は「ホール担当１人、キッチン担当１人で接客に時間を割けない。差別は意図していない」と主張する。

ただ、国籍だけを理由にした入店拒否は人種差別撤廃条約に反する。静岡地裁浜松支部は１９９９年、街頭の店舗は一般に開放されていると指摘し、外国人の入店を拒否した宝石店に損害賠償を命じた。

那覇市の居酒屋の張り紙を偶然見つけた市民グループの２人は、市の各部署や沖縄観光コンベンションビューローに相談して回った。「沖縄カウンターズ」のメンバーは「これを見た外国人がどれだけ傷つくか。でもいきなり炎上させるのではなく、行政も一緒に円満に解決したかった」という。

相談を受けた市観光課は８月、店を訪問し、「観光客が増える中、好ましくない」と撤去を打診したが、店側は応じなかった。市の担当者は「権限がなく、お願いしかできない」と説明する。

最終的に本紙が９月、取材に訪れると、経営者が「文面は間違っていた」と撤去した。一方で「行政はただ海外客を呼ぶのではなく、居酒屋文化を伝えてほしい」と求める。

問題解決に向けて行政にかけ合ったもう１人、「多文化ネットワークｆｕふ！沖縄」のメンバーは「観光行政も人数や収入だけでない、文化の相互理解につながる観光を目指してほしい。店側が相談できる場所も必要ではないか」と投げかける。

４月に施行された県差別のない社会づくり条例は、事業者に差別解消に向けた努力を求めている。条例の検討委員だった白充（ペクチュン）弁護士は「国籍のみを理由とした入店拒否は条例に抵触しており、実効性が問われる。県民一人一人の意識変容に加え、県が周知徹底する努力も必要だ」と話した。
ENDS

Mainichi: “UK won’t extradite man over Tokyo jewelry heist, cites Japan’s human rights record”. Looks like Japan’s reputation for “hostage justice” is gaining ground

Posted on August 13, 2023 by Debito Arudou, Ph.D.

mytest

Hi Blog. Looks like Japan’s reputation for human rights abuses under its “Hostage Justice” criminal procedure is finally being recognized in legal circles overseas. Carlos Ghosn is no doubt having the last laugh. (Just wait until the latest documentary on his case comes out in a couple of weeks on Apple TV–in addition to this one, this one, and this one). Debito Arudou, Ph.D.

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UK won’t extradite man over Tokyo jewelry heist, cites Japan’s human rights record
August 12, 2023 (Mainichi Japan) Courtesy of Niklas and MMT
https://mainichi.jp/english/articles/20230812/p2g/00m/0in/019000c

LONDON (Kyodo) — A British court has ruled that one of three men detained over his alleged involvement in a 2015 jewelry robbery at a luxury store in central Tokyo will not be extradited to Japan, citing concerns over the country’s human rights record.

Friday’s decision not to extradite Joe Chappell, who is currently on bail, was based on the grounds that the Japanese authorities could not provide “sufficient assurances” that he would be treated in compliance with the European Convention on Human Rights.

The three men — Chappell, Daniel Kelly and Kaine Wright — left Japan two days after the heist, which netted 106 million yen ($731,000) worth of jewelry. They were put on an international wanted list by Japanese police through Interpol.

Chappell’s defense team has expressed concerns that if extradited, he might be made to confess under duress. Japan has argued that police interrogations in principle are recorded.

At a hearing earlier this year, British authorities asked the Japanese government to ensure his detention complies with the convention, particularly on provisions regarding prohibition of torture and the right to a fair trial.

Japan currently only has extradition treaties with the United States and South Korea. In the absence of an extradition treaty, the country where a crime was committed usually asks a suspect’s home country to prosecute.

The three are suspected of taking 46 pieces of jewelry, including rings and pendants after punching a male security guard and breaking display cases at a Harry Winston store in the Omotesando Hills commercial complex in Shibuya Ward on the night of Nov. 20, 2015.

The court has yet to rule on whether to extradite the other two, Kelly and Wright.

Japanese authorities have 14 days to appeal the decision, and another hearing will take place later this month to determine whether the case will continue. ENDS

Kyodo: Kagawa Pref Govt urges hotels not to request foreign residents’ ID. Bravo. Shame it took nearly 20 years to happen.

Posted on March 29, 2023April 13, 2023 by Debito Arudou, Ph.D.

mytest

Hi Blog. I’m breaking my regular busy silence to report on something we’ve been working on for nearly two decades finally reaching fruition:

Getting Japanese hotels to stop racial profiling by running instant Gaijin Card/Passport Checks on customers (including NJ residents) merely because they’re “foreign-looking” — despite ID checks not being required for customers deemed to be “Japanese” on sight by hotel managers.

Finally, after various regional police departments have unlawfully deputized random hotel clerks to act as a de facto branch of the Immigration Agency (with the explicitly illegal threat of refusal of service in the offing), a regional government has cottoned on to the fact that this might be a violation of human rights.

Bravo Kagawa Prefecture. Let’s hope it catches on nationwide. Seems to only take about twenty years for common sense, not to mention legal protections for NJ residents against police bullying, to seep in. Debito Arudou, Ph.D.

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Hotels in western Japan urged not to request foreign residents’ ID

KYODO NEWS – Mar 16, 2023 – Courtesy of ZNM

https://english.kyodonews.net/news/2023/03/5a5206b30e6c-hotels-in-western-japan-urged-not-to-request-foreign-residents-id.html

The government in the western Japan prefecture of Kagawa has called on local hotel operators to stop asking foreign residents for identification when they check in, local officials said Thursday.

Citing a notice issued Monday by the Kagawa prefectural government to hotel operators, the officials said it is “problematic on human rights grounds” to ask foreign residents to show their passport or other forms of ID when checking into a hotel.

Notice issued by the Kagawa prefectural government to hotels and other accommodation businesses advises them that they do not need to request identification from guests who are foreign nationals living in Japan, as seen in this photo taken March 16, 2023 in Osaka. (Kyodo)

The hotel business law requires only foreigners who live outside of Japan to present ID. But hotel receptionists sometimes ask foreigners who live in Japan for ID based on their name or appearance.

“If a guest provides a domestic address, even if their name or other information suggests they are a foreign national, no further confirmation is required,” the notice says.

The notice comes after a case in August last year in which a South Korean woman living in Osaka was asked to show her residence card ahead of a stay at a hotel in Utazu.

An official at the hotel said it has “asked for ID from foreign nationals living in Japan on a voluntary basis.”

Similar cases have emerged at other accommodations across the country, with some even stating on their websites that they will “refuse” guests who do not comply.

“While there may not be any malicious intent behind the requests, they are effectively an infringement of human rights,” a Kagawa prefectural government official said.

Mun Gong Hwi from the Osaka-based nonprofit organization the Multi-Ethnic Human Rights Education Center for Pro-existence said that “changing one’s response based on nationality with no logical reasoning is discrimination. I want to spread the knowledge of Kagawa Prefecture’s approach as a good example.”

Related coverage:

Japan city stumbles over plan to recognize foreigners as citizens

Cabinet approves proposals for Japan immigration law changes

City officials learn easy Japanese as number of foreign residents increases

Document of middling quality courtesy Kyodo News:

My SNA Column 40: Visible Minorities: “Hard to Root for Japan at Sports Events” (Nov 28, 2022), due to all the nasty and racialized attitudes towards our athletes, and the lack of fair play in general

Posted on November 27, 2022November 28, 2022 by Debito Arudou, Ph.D.

mytest

Hi Blog. My latest SNA column was inspired by the World Cup. Intro:

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Visible Minorities: Hard to Root for Japan at Sports Events

By Debito Arudou, Shingetsu News Agency, November 28, 2022

SNA (Tokyo) — First off, bravo the Japan team for its upset victory over Germany in their first match of the 2022 World Cup!

It was a game where the Samurai Blue showed world-class skill against a lackluster team, and didn’t let the nerves of playing a former world champion get the better of them. Of course, they did lose their next game against Costa Rica, but their achievement against Germany stands.

I want to devote this column to why it’s difficult for me to root for Japan teams in general. It’s not an issue of nationality (since I have that). It’s a matter of how Japan as a society approaches international sports; given the racialized obstacles towards “foreign” participants, a lack of fair play, the unrelenting pressure on our athletes, and media attitudes that oscillate between racial superiority and victimhood, we take all the fun out of it…

Rest at https://shingetsunewsagency.com/2022/11/28/visible-minorities-hard-to-root-for-japan-at-sports-events/

Thanks for reading! Debito Arudou, Ph.D.

Kyodo: “63% of people with foreign roots in Japan questioned by police”, part of systemic racial profiling by the National Police Agency

Posted on April 10, 2022April 12, 2022 by Debito Arudou, Ph.D.

mytest

Hi Blog. It’s been difficult for me to blog much this year (beyond my monthly SNA columns), as I’ve had the busiest semester on record. All of my writing energies are being absorbed by coursework. So in order to keep up with events, I’m going to try to post more but feel the need to comment less.

Instead, Debito.org Readers are keeping us all updated in real time in their comments to various blog posts, but in particular see their updates and reposts of news articles in the Comments Sections of all Debito.org NewsLetters. They’re doing a far better job than I am. Many thanks.

On to the Kyodo article, which is more quantifiable grist for the mill for Debito.org’s longstanding substantiated claim that Racial Profiling is standard operating procedure for the Japanese Police. Read on. Bravo Tokyo Bar Association for getting us some citable statistics. Debito Arudou, Ph.D.

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63% of people with foreign roots in Japan questioned by police
April 10, 2022 (Mainichi Japan/Kyodo News), courtesy of lots of people
https://mainichi.jp/english/articles/20220410/p2g/00m/0na/019000c

PHOTO: Foreign residents take to the streets in Tokyo’s Shibuya Ward on May 30, 2020, in protest against the alleged mistreatment by Japanese police of a Kurdish man. (Kyodo)

TOKYO (Kyodo) — A total of 62.9 percent of people in Japan with foreign roots were questioned by police over the past five years, preliminary results of a recent Tokyo Bar Association survey showed, with the group saying the outcome is evidence of biased behavior by officers.

The survey on racial profiling drew responses from 2,094 people with roots in foreign countries. The association said it conducted the poll after receiving complaints that many such people had been questioned by police apparently due to their appearance.

Among individuals who were approached by the police over the past five years, 50.4 percent were stopped “two to five times,” while 10.8 percent were questioned “six to nine times” and 11.5 percent “10 times or more,” according to the survey conducted between Jan. 11 and Feb. 28.

A total of 70.3 percent of those individuals said they “felt uncomfortable” with the police questioning, while 85.4 percent said the police approached them upon recognizing they have roots in other countries. Most of those people believed officers had such an awareness because of their appearance.

A Japanese law governing police officers on duty allows them to question people if there are reasons to suspect they have committed an unusual act or crime. But 76.9 percent of people who were questioned by police officers in the survey said there was no reason for being treated with suspicion.

In a free description section, some wrote that after officers learned of their foreign nationality, they showed “overbearing behavior” toward them.

The U.S. Embassy in Tokyo had warned on its official Twitter account last year that it had been receiving reports of “suspected racial profiling incidents” with several foreigners “detained, questioned and searched” by the police.

ENDS

My SNA Visible Minorities 31: “Shintaro Ishihara: Good Riddance to an Evil Man”, an honest obituary. Feb 20, 2022

Posted on February 21, 2022June 22, 2023 by Debito Arudou, Ph.D.

mytest

Visible Minorities 31: Shintaro Ishihara: Good Riddance to an Evil Man
Shingetsu News Agency, February 21, 2022
By Debito Arudou

https://shingetsunewsagency.com/2022/02/21/visible-minorities-good-riddance-to-an-evil-man/

Former Tokyo Governor Shintaro Ishihara, who died February 1, was an evil man. Any honest obituary would admit as such. Unfortunately, the media’s retrospectives have tended to eulogize him, using weasel words so as to not speak ill of the dead.

But that’s the wrong reflex. Evil should never be whitewashed, especially when it comes to a person as evil as Ishihara, and by doing so they are complicit in historical revisionism. I will try to rectify that with this column by recounting Ishihara’s actual record.

COMPARISON AND CONTEXT

I do not use the term “evil” lightly. Consider other people in Japan who, when granted power, did wrong:

Prime Minister Kishi Nobusuke, a rehabilitated war criminal, stunted Japan’s development into a mature sovereign country by perpetually subordinating Japan’s geopolitical interests to the American military under the US-Japan Security Treaty.

Prime Minister Yasuhiro Nakasone, who abetted the “Comfort Women” system of wartime sexual slavery, spent his life not only denying its existence, but also reconstituting Japan’s ruthless revisionist far-right.

And Japan’s longest-serving Prime Minister, Shinzo Abe, did all he could to restore prewar elitism to the postwar governing system, by destroying any “Western” ideals of individuality, human rights, and pacifism; and (unsuccessfully) trying to “revise” Japan’s postwar Constitution.

But all of these horrible little men still pale in comparison to a man as irredeemably evil as Shintaro Ishihara.

WHITEWASHING THE RECORD THROUGH WEASEL WORDS

Most obits have used weasel words to describe Ishihara’s life: “Controversial,“ “brash,” “charismatic,” “unapologetic,” “chauvinistic,” “contentious,” a “firebrand (or fiery) nationalist,” “staunch right-winger,” “outspoken conservative,” even “gaffe-prone,” woefully understating his misdeeds.

Some went even further, looking for some good in him: His establishment of the Shinginko Tokyo bank using public monies (which failed, becoming a windfall for the yakuza), involvement with the Tokyo 2020 Olympics (and we’ve written here what a nationalist mess that became), restrictions on diesel cars in Tokyo (yes, less air pollution is good, but rarely were his policies green), and an “outspokenness” towards anything he didn’t like (that’s not a virtue; just a guilty pleasure to watch).

One of the harsher ones, after calling him a “rightist, elitist, racist, misogynist, patriarchal pig,” still fell for his “unmistakable, evocative allure,” and concluded that “Tokyo has lost something” with his death.

What we lost was a legitimizer of hatred.

Revealingly, one of Ishihara’s elitist co-conspirators described him as “a politician who challenged what became the norms in the postwar era… He was not afraid of criticisms and insisted on what he had to say” (Shinzo Abe). Translation: Ishihara’s extreme stances and policies helped our right-wing policy aims seem less extreme.

INSTEAD, MEMORIALIZE ISHIHARA’S HATEFUL DEEDS

So let’s recount Ishihara’s actual record, starting with his peerless sense of entitlement.

Born into wealth, he got lucky getting a prestigious book award at an early age which catapulted him into celebrity status. This enabled him to hobnob with elites and attain elected national office for several decades. After all, electorates in any society are suckers for celebrities.

He eventually found himself in a position of real power, elected multiple times to the governorship of the world’s largest and richest city. And he used that bully pulpit to further aims explicitly motivated by hate, admitting in 2014, “Until I die, I want to say what I want to say and do what I want to do, and I want to die hated by people.”

Accordingly, Ishihara infused hate and spite into just about any public policy he sponsored. Remember how mere weeks into his first term as Tokyo Governor he called for the Japanese military to actively round up foreigners (using the racist epithet “Sankokujin”) in the event of a natural disaster? How were they to do that? Unclear — probably just arrest anyone who “looks foreign.” Why? Because in his words, foreigners are “heinous” and will of course riot and run amok when given the opportunity.

That claim was put to the test during the Tohoku Tsunami, and surprise, no foreigner riots. Any retractions from Ishihara? Of course not. Men of no conscience or sense of consequence for their actions never apologize unless they’re forced to.

For Ishihara was a man who unapologetically said that he loathed Koreans and Chinese, and went out of his way not only to justify Japan’s occupation of its Asian neighbors, but also deny its colonial and wartime atrocities. (All while calling the US atomic bombing of Japan racist.) Ishihara even claimed, in his regular Sankei Shinbun columns, that Chinese were innately criminal due to their “ethnic DNA.”

A hateful man who poured his hate into concrete policies, Ishihara installed Japan’s first neighborhood surveillance cameras specifically in areas of Tokyo he claimed were “hotbeds of foreign crime,” and went on TV at regular intervals to propagandize that Shinjuku, Ikebukuro, and Roppongi at night were no longer Japan.

He also said that Japanese politicians who support more civil and human rights for foreign residents must have “foreign ancestors” themselves, and abetted political witch hunts and loyalty tests to root out politicians with international connections.

Essentially, Ishihara was trying to ethnically cleanse Japan, undoing the “internationalization” phase of the 1980s and 1990s of openness and tolerance.

In its place, he sponsored overt racism and normalized xenophobia. He fueled Japan’s reflexive self-victimization by scapegoating foreigners, accusing them of crime, terrorism, subversive activities, and a general undermining of all things “Japanese.”

And it worked. To this day, entire political parties, candidates, and hate groups publicly rally for the expulsion of foreigners and the extermination of Koreans. That’s why current Prime Minister Fumio Kishida can’t easily lift the world’s longest, most draconian and unscientific Covid border policies–because polls say 57% of the fearful Japanese public want them kept.

In his spare time, Ishihara also found ways to hate anyone who wasn’t like him, even blaming his own citizens for their woes. Such as the time he said the 2011 Tohoku Disasters were “divine punishment for Japanese people’s egoism.”

Ever the misogynist in his novels and policy statements (one obit called him “the King of Toxic Masculinity”), he called women who survived past menopause “a waste” and “a disease of civilization” (as opposed to men, however senile, who can still “propagate the species until their 80s and 90s”), said that a woman euthanized for having ALS suffered from a “karmic disease due to the sins of a past life,” and averred that gays and lesbians are “genetically subnormal.” There’s plenty more, but I’ll stop there.

STOP EULOGIZING A HITLER PROTOTYPE

That’s why I find it so jarring that obituarists minced their words. Stop it, because you are complicit in historical revisionism.

To find any redeeming qualities in a man like Ishihara is like noting that Hitler liked dogs, built Germany’s autobahns, or created Volkswagen. But that shouldn’t be the focus of any honest historical accounting of a balance sheet of evil.

And yes, I made a comparison to Hitler. That’s not Godwin’s Law. Think about it: If Ishihara had been given the powers Hitler had, do you think he would have done much different?

Other people of Ishihara’s ilk (such as Prime Minister Taro Aso) have expressed admiration for Hitler, saying he had the “right motives,” because that enables politicians to achieve results. Shucks, if only Japanese politicians’ power wasn’t so diluted by Japanese bureaucracy, and the Japanese military freed to project more power wherever it wanted, what could we accomplish?

Well, that was precisely what Ishihara was trying to do whenever he had power.

Remember when Governor Ishihara tried to leverage public and private monies (eventually forcing the national government’s hand to do so) to buy up the Senkakus, some disputed rocks in the East China Sea? That was, in his words, his attempt to “start a war with China and win.” To this day, major world media that should know better blithely portray this conflict as merely a “feud,” a “row,” and a “spat.”

Given that Ishihara was also calling for Japan to develop nuclear weapons, that means, if Ishihara had achieved his results, he would have mass-murdered the people he hated.

Thus comparisons with Hitler are not hyperbole. They’re history.

DEATH BY “KARMIC DISEASE” IS NOT ENOUGH

Ishihara died at age 89 of recurring pancreatic cancer. I’m told it’s a painful way to go. Good. But no amount of pain he would ever feel would make up for the suffering he caused out of purely personal animus and spite. He was a cruel man who spent his life persecuting people not only because they crossed him, but also simply because they were born a certain way.

So this is my obit: Shintaro Ishihara was a monster and now he is dead. May he rot in hell.

ENDS
======================
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Ruminations on Ishihara Shintaro’s death: Good riddance to an evil man.

Posted on February 2, 2022February 21, 2022 by Debito Arudou, Ph.D.

mytest

Hi Blog. It was with some measured amount of joy that I saw that a quintessentially awful man, Former Tokyo Governor and Political-Resident Racist Ishihara Shintaro, recently died of pancreatic cancer at the age of 89.

Predictably, the eulogies and hagiographies have minced their words about what an awful man this was, watering down their modifiers to call him a “brash” “hawk” “firebrand”, a ‘fiery nationalist” with “controversial views” etc. (Check out the utter gloss job the NY Times Obits did here.) Even after some admit that he deliberately used his political power to try to start a war with China over some island scraps, and to publicly denigrate and persecute people not only because they crossed him, but also because they were born a certain way. Simply saying he was not a force for good is to have a fundamental misconception of what evil is.

Debito.org has commented on Ishihara’s evil activities umpteen times (most famously here), so I see no need to dwell further. I think Kaori Shoji writes an excellent obit in the Japan Subculture Research Center (aptly titled “A Farewell To Japan’s King of Toxic Masculinity: Shintaro Ishihara“) where she sums up:

The man was a rightist, elitist, racist, misogynist, patriarchal pig. I hope I didn’t leave out anything.

But even she winds up succumbing to a begrudging admiration for a person in power who was granted even more power and wielded it. That’s a pity. Yes, Ishihara had power — the power of yet another racist toxic masculinist born into rich privilege who did everything he could to make sure that privilege is perpetuated for his ilk. And his ilk have caused (and then denied) things like genocides, and should never be allowed to come near power and public service. Alas, an early showing with a prestigious literary award catapulted Ishihara into fame, and people are suckers for celebrities.

Returning to my opening, I say “measured amount of joy” because my joy was restrained by the fact that a recurrence of pancreatic cancer took Ishihara. I hope it hurt real bad in your final days, Ishihara. But no amount of pain you would ever experience would be enough payback for all the pain and suffering you caused other people.

Rot in hell, you monster. Arudou Debito, Ph.D.

======================
PS. Other Debito.org Readers have already commented on Ishihara’s demise in a separate blog post here.

My annual “Human Rights Top Ten for 2021” countdown now at Shingetsu News Agency, VM 29 Dec 27, 2021

Posted on December 27, 2021 by Debito Arudou, Ph.D.

mytest

Hello and Happy Holidays to all Debito.org Readers! Here’s my annual Top Ten, this year moved to the Shingetsu News Agency because The Japan Times isn’t in the market for articles like these anymore. Excerpt:

//////////////////////////////
Visible Minorities: Human Rights Top Ten for 2021
SHINGETSU NEWS AGENCY, DEC 27, 2021 by DEBITO ARUDOU in COLUMN

SNA (Tokyo) — Since 2008, I have always devoted my end-year columns to counting down the Top Ten human rights issues as they pertain to Non-Japanese residents of Japan. This year I’m moving this feature to the Shingetsu News Agency. Let’s get started:

10) Debito.org Turns 25 Years Old…
9) Tourism to Japan Drops 99% Since 2019…
8 ) Vincent Fichot Hunger Strike against Japan Child Abduction…
7) Tokyo Musashino City Approves, Then Defeats, Inclusive Voting Proposal…

Full countdown with write-ups at https://shingetsunewsagency.com/2021/12/27/visible-minorities-human-rights-top-ten-for-2021/

Enjoy! More to come in 2022! Debito Arudou, Ph.D.

Good 2018 JT article on Japanese Nationality Law. Upshot: Don’t give up NJ citizenship after naturalizing into Japan

Posted on December 23, 2021December 23, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. While doing some research for my upcoming SNA end-year column, I found this interesting article from 2018 that deserves highlighting. An important estimated statistic follows about the possible number of dual nationals in Japan (close to one million). And also the fact that those dual nationals in Japan are probably under no credible threat of losing one citizenship.

International couples with dual national children in Japan, take note: Do not let your children sacrifice one side of their identity merely for the sake of bureaucratic convenience, especially when they don’t have to. Debito Arudou, Ph.D.

(PS: Note how little the debate has progressed since dual nationality in Japan was proposed back in 2009!)

/////////////////////////////////

What does Japan’s Nationality Act really mean for its dual citizens?
Subtitle: Given the present “don’t ask, don’t tell” attitude of the Justice Ministry, it would be highly unusual if Naomi Osaka was forced to relinquish her U.S. citizenship at the age of 22.
BY CORY BAIRD AND SAKURA MURAKAMI
The Japan Times, Sep 19, 2018 (excerpt)
https://www.japantimes.co.jp/community/2018/09/19/how-tos/japans-nationality-act-really-mean-dual-citizens/

How many Japanese citizens hold multiple nationalities?

The Justice Ministry confirmed to The Japan Times in April that some 890,000 are in a position to be dual nationals, according to data from local municipalities from the years 1985 to 2016. This number includes those who have declared or forfeited Japanese citizenship, as well as those that are assumed to have multiple nationalities based on their birthright.

Has anyone been stripped of their dual nationality by the Japanese government?

There have been no reported instances of dual nationals by birth having their citizenship revoked.

In April, the Justice Ministry confirmed to The Japan Times that the justice minister had never issued a warning to a dual citizen by birth to decide upon one nationality, meaning that no such dual national has ever been stripped of their Japanese citizenship under Article 15 of the Nationality Act.

This lack of enforcement is a fact that Okuda says is often overlooked.

“For athletes like Naomi Osaka, the newspapers write under the impression that she must choose a nationality,” he said, “but many people do not know that (the Justice Ministry) has never warned people (for not declaring one nationality), although in the past the Justice Ministry has reportedly mailed the children from international marriages a notification about the obligation to declare one nationality.”

However, for those who have naturalized to other countries, there have been a few reported cases of citizens being stripped of their Japanese passport.

The Nationality Act states that Japanese citizens who naturalize to a foreign country will automatically lose their Japanese nationality upon obtaining foreign citizenship.

Full article at https://www.japantimes.co.jp/community/2018/09/19/how-tos/japans-nationality-act-really-mean-dual-citizens/

Miyazaki International College cut their elderly professors’ salaries by 20%. After a 7-year battle, Fukuoka High Court rules this illegal. A victory for foreign plaintiffs too.

Posted on December 15, 2021December 15, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. A friend sends word that his group of plaintiffs, some of whom are Non-Japanese, won their lawsuit against a university employer that had been ongoing for seven years.

In his words:

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

December 9, 2021

If you are getting this notice, it’s because you contributed in some way to our win in this case so CONGRATULATIONS! A few of you contributed massively, putting in many many hours of work, some helped by providing data or a letter we could submit to the court to counter MEI lies, or helped with translation, or showed up in court, or are union members who voted for funding. Some of you spread the word about the case. Some just said, “Gambatte!” when we needed it.

My point here is it took a long term (7 years for some of us!) team effort by dozens of us to finally succeed, and succeed we did in the high court. We could not have achieved a better outcome…

MEI has two weeks to appeal to the Supreme Court. And they might. That’s for them to worry about, not us.

In terms of money, I won all of my back pay, plus 5% interest, plus court fees that I had paid. I was not compensated for attorney fees, or mental anguish. We have no anchor website for this issue.

The main reasons we won were:
1.) MEI failed to negotiate in good faith with the union about the cut
2.) They had no real financial need to reduce salaries
3.) There was no reduction in workload or other compensation for the reduction in pay.

Flyer we made public:

COMMENT FROM DEBITO: This matters because there’s a long tradition in Japan of Academic Apartheid, where foreign academics in higher education are given contracted status (increasingly, term-limited) while Japanese-citizen academics are given uncontracted, permanent tenure from day one of employment. This is probably the oldest issue we’ve taken up on Debito.org, and it’s only gotten worse over the quarter-century of coverage: Instead of more foreign academics becoming tenured like Japanese, the trend is to “gaijinize” the Japanese faculty (as a money-saving effort encouraged by the Ministry of Education all the way back in 1995) by putting them on contracts, eliminating tenure in an attempt to clean out disagreeable leftists from Japan’s universities.

MEI’s move to put everyone above a certain age on a different lower pay scale (Japanese and foreign) was a line the Fukuoka High Court was not willing to allow under the law. Good to have that precedent set. Conclusion: Join a union if you’re working in Japan. Then fight these things in court as a union.

Despite this being important news for Japan’s academics, it hasn’t made the English-language media. So let me translate the Mainichi’s brief on this. Debito Arudou, Ph.D.

//////////////////////////////////////////////////////////
未払い賃金訴訟、元教授が逆転勝訴　「不利益大きい」　高裁宮崎支部
毎日新聞　2021/12/10 Courtesy of one of the plaintiffs
https://mainichi.jp/articles/20211210/k00/00m/040/049000c.amp

給与基準改定による年俸の2割減額は労働契約法に反し無効だとして宮崎国際大学（宮崎市）元教授の60代米国人男性が学校法人宮崎学園に対し、改定前との差額の未払い賃金約425万円の支払いを求めた訴訟の控訴審判決で、福岡高裁宮崎支部は8日、請求棄却した3月の1審・宮崎地裁判決を取り消し、男性側の請求を全て認めた。

判決によると、元教授は2000年に有期雇用の講師として採用され、契約更新しながら勤務し続け17年に教授に昇進。20年に退職した。学校法人側は15年、厳しい財政状況を理由に有期雇用教職員の60歳以降の年俸を従前の2割減に改定。元教授も減額対象となったが、不利益が大きく合理的と認められないとした。

高橋亮介裁判長は「教員間の不均衡もあり、減額に伴う不利益緩和のための経過措置や代償措置も取られていない」と法人側の主張を退けた。【塩月由香】

Unofficial translation:

Unpaid Salaries Lawsuit: Former Professors see their prior decision against them overturned: “This is a huge disadvantage” says Fukuoka High Court Miyazaki Branch

Mainichi Shinbun, December 10, 2021, translation by Debito, corrections welcome.

Due to a revision in the basic salary levels, Miyazaki International College cut their former professors’ base salaries by 20% once they reached sixty years of age. Plaintiffs sued their employer, Miyazaki Gakuen, for breach of labor contract, and demanded they pay 42,500,000 yen of unpaid salaries based upon their previous contract status. Upon appeal, on December 8 the Fukuoka High Court overturned the Miyazaki District Court’s prior ruling, and awarded the plaintiffs all of their claims.

According to the decision, the former professors were employed on contract status as instructors from the year 2000, and over 17 years of contract renewals they achieved the rank of professor. They retired in 2020. According to the college, in 2015 they claimed financial distress and revised the base salary to cut 20% from all contracted educators over the age of sixty. This pay cut also affected the former professors in question, and the court would not acknowledge the rationality of the cut due to it being overly disadvantageous to plaintiffs (furieki ga ookiku gouriteki to mitomerarenai to shita).

Head Judge Takahashi Ryousuke said, “For the educators this is disproportionate, and the university did not even take measures such as other compensation that would alleviate the disadvantages that come with such a pay cut,” dismissing the college’s claims. ENDS

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

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US Embassy in Japan tweets warning against Japanese police practice of “racial profiling”: Bravo. About time.

Posted on December 6, 2021December 6, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. We’ve been warning about racial profiling by Japanese police on Debito.org (and in book “Embedded Racism in Japan“) for many years now. (We’ve even gone so far to call it “standard operating procedure” in public policing.) Finally the US Embassy is now warning its own citizens against it.

Well, good, and long overdue. Because when the US Embassy weighs in on things like this (such as instant Gaijin Card Checks at hotels, shady street Gaijin Card Checks by people posing as Japanese police, and instant pee-pee drug tests for people who “look foreign” in Roppongi), the GOJ sits up and takes notice (and stops the pee-pee tests, for example). And in yesterday’s instance, it’s newsworthy enough to be reported quite widely in other media.

Bravo US Embassy. Do more of this. Since Japan’s minorities are so disenfranchised that we’ll get no public policy to stop this, the only avenue available is pressure from public exposure from abroad. Debito Arudou, Ph.D.

PS: If anyone is on the US Embassy mailing lists and you received a warning there too, please forward it to debito@debito.org or in the Comments Section below for the record. Thanks.

///////////////////////////////////////////////////

U.S. Embassy warns of suspected racial profiling by Japan police
By Isabel Reynolds, Japan Times/Bloomberg, December 6, 2021, Courtesy of JDG, TJL, and GPW
https://www.japantimes.co.jp/news/2021/12/06/national/crime-legal/us-embassy-racial-profiling-police/

The U.S. Embassy in Tokyo issued a warning Monday about foreign residents being stopped and searched by Japanese police in what it said were suspected to be “racial profiling incidents.”

The unusual move by the embassy of Tokyo’s only formal ally came after Japan closed its borders to new entries by foreigners amid concern over the omicron variant, just weeks after beginning a cautious reopening. The closure was backed by almost 90% of respondents to a media poll over the weekend.

The alert posted on the Twitter account of the American Citizen Services section of the embassy warned that U.S. citizens should carry proof of their immigration status and notify their consulate if detained. The alert added that several foreigners “were detained, questioned, and searched.”

Chief Cabinet Secretary Hirokazu Matsuno dismissed the concerns and said at a news briefing that police questioning in the country is not based on nationality or race.

The number of foreign citizens living in Japan fell by 2% to 2.8 million in June, compared with a year earlier, according to the Justice Ministry. American citizens made up less than 2% of the total, at nearly 54,000. Entry by foreign tourists, businesspeople and students is currently banned under coronavirus restrictions, although foreigners with resident status are currently permitted to re-enter.
ENDS
///////////////////////////////////////////

US Embassy in Tokyo warns of ‘suspected racial profiling’ by Japanese police
BY MONIQUE BEALS – THE HILL.COM, 12/05/21
https://thehill.com/policy/international/584441-us-embassy-in-tokyo-warns-of-racial-profiling-by-japanese-police

The U.S. Embassy in Tokyo issued a tweet on Sunday warning that foreigners were being stopped by Japanese police in “suspected racial profiling incidents.”

“The U.S. Embassy has received reports of foreigners stopped and searched by Japanese police in suspected racial profiling incidents. Several were detained, questioned, and searched,” the tweet said.

“U.S. citizens should carry proof of immigration and request consular notification if detained,” it added.

The U.S. Embassy has received reports of foreigners stopped and searched by Japanese police in suspected racial profiling incidents. Several were detained, questioned, and searched. U.S. citizens should carry proof of immigration and request consular notification if detained. pic.twitter.com/a8BkAU7eCR

— U.S. Embassy Tokyo, ACS (@ACSTokyo) December 5, 2021

The embassy’s warning message came not long after Japan closed its borders to foreigners amid concerns surrounding the omicron variant.

Nearly 90 percent of respondents in a Japanese poll said they were in support of the border measures, Bloomberg reported.

The number of foreign nationals living in Japan fell slightly this year to 2.8 million, Bloomberg reported, citing the Ministry of Justice. Less than 2 percent were American citizens, or about 54,000 people.

ENDS

Senaiho Case against Yamanashi City for “Hair Police” school bullying: A very rare victory for the Plaintiffs! (UPDATE: Full court decision attached)

Posted on November 30, 2021December 15, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. I’m still on writing hiatus (except for my monthly SNA columns) after the release of my Second Edition of “Embedded Racism” (Meanwhile, Debito.org Readers are contributing noteworthy articles to the Comments Sections of the Debito.org Newsletters.)

But let me emerge to report from Senaiho, on his case of school bullying against his multiethnic daughter in 2018. We’ve covered it for years on Debito.org (original Senaiho post here, then Updates One, Two, Three, Four. and Five), and it’s gone from a criminal case against his daughter’s assailants (which Senaiho lost last May 2021) to a civil case against the authorities (for mental duress from official negligence). After three years of this rigmarole, we’ve just heard that he won the civil case. His briefing follows.

UPDATE DEC 15, 2021: Here is his full court decision text, redacted. PDF. 23 pages. Click on: SenaihoHighCourtDecision2021

Although the court award is a pittance (it almost always in the cases of racial discrimination), it still holds the authorities culpable. Congratulations on setting another positive precedent, Senaiho and family! Debito Arudou, Ph.D.

////////////////////////////////////////////////////////

From: Senaiho
Subject: Judgment in our case against the city of Yamanashi
Date: November 30, 2021
To: “Debito Arudou Ph.D.” <debito@debito.org>

Hello Debito,

We finally have it. I am sorry it was not in time to be included in the latest edition of your excellent book. Maybe next time.

In the final judgment in our civil case against the city of Yamanashi and the school system, the court awarded 110,000 yen to us, the plaintiffs. A bitter/sweet, long and hard fought victory.

First the positives. Any judgment against a public entity in Japan is almost unheard of. In 99% of the cases of suits brought against a public entity, the private party almost always loses. It is so rare that the government does not even keep statistics on it, and they keep statistics on everything. There really is no point of reference for those not familiar with the legal system in Japan. It is hard to even find anything to compare it with in other countries, especially the US, where everybody sues everybody. The reason for this is because the court and everyone who works at and for them are all public officials themselves. To render a judgment against another public entity would be akin to shooting oneself, so to speak. This is also why judgments are always a pittance against any public official in Japan in the rare cases where there are any.

In the brief of the judgment the court found the teachers/school and city of Yamanashi liable for the damages of cutting our daughter’s hair. There are laws against doing this, the history of which I will not go into. It vindicates us as parents, who were put to public shame and blamed for the fact that our daughter was bullied. She also received some satisfaction for having been teased to the point of desperation that resulted in her unable to attend school for several years while receiving treatment. It also vindicated her from the some of the extensive damage to her self-esteem. Unfortunately, these scars she will most likely carry for the rest of her life. No mention was made of the root causes of her having her hair cut; racism and abuse against her for the sin of being born from a mixed racial couple.

Our lawyer gets to celebrate a rare victory for any legal professional in Japan. A judgment of any kind against a public entity will most likely propel him into the rare air of lawyers in Japan who have won judgments against public officials. He will most likely get appointed to various prestigious committees and professional elite boards. A boost for his career. Good for him.

The downside of our small victory is that it is small. One judgment in a regional court in Japan changes nothing really. There will be some media coverage for a little while. After that dies down, the bullies will continue to bully, the racists will continue to rant, and the public officials will continue to cover up their culpability. The amount of the judgment itself is an insulting pittance, and does nothing to deter anyone from the actions that caused it. It is just a spit in the street for public officials who have no personal skin in it anyway. They get to go on with business as usual. We get to pick up the pieces of our lives. Unless the city of Yamanashi appeals the judgment (actually I kind of hope they do) we get to carry on, older but wiser? Hmm, not sure about the wiser part.

Thank you again to everyone here at Debito.org who supported us with your encouragement and prayers.

Senaiho

The bullying haircut, as demonstrated in court by Senaiho. Image courtesy of Bunshun and Senaiho.

Debito’s SECOND EDITION of “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books, 2022), fully revised and updated, now on sale

Posted on November 15, 2021November 16, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. The new SECOND EDITION of “Embedded Racism” (Lexington Books, 2022), completely revised and updated with 100 extra pages of new material, is now on sale.

Information site outlining what’s new, with excerpts and reviews, and how to get your copy at a discount at

https://www.debito.org/embeddedracism.html

(Or you can download a flyer, take it to your library, have them order the book, and then borrow it for free at EmbeddedRacism2ndEdFlyer)

Read a sample of the book on Amazon here.

Front Cover:

Full cover with reviews:

Debito Arudou, Ph.D.

2018 United Nations CERD Report (CERD/C/JPN/10-11) still mentions Debito.org’s works: “Foreign nationals and individuals with a foreign appearance have reportedly been denied entry to and services of certain privately owned facilities like hotels and restaurants that otherwise serve the public, including through the posting of signage reading ‘Japanese only’.”

Posted on September 6, 2021September 6, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. Here’s something that makes me smile. The 2018 United Nations CERD Report (CERD/C/JPN/10-11) includes something that might not otherwise be there — had Debito.org not taken up the task of describing and cataloging discrimination for the past 25 years (back when people were even denying that racial discrimination actually happened in Japan!).

Everything mentioned in the UN excerpt below is covered in my book Embedded Racism in Japan (Lexington Books, 2015). But especially close to my heart is the text enlarged below.

One of my lifetime goals is leaving the planet a better place than when I arrived. This feels like proof that we at Debito.org have done something positive. Debito Arudou, Ph.D.

/////////////////////////////////
United Nations
CERD/C/JPN/CO/10-11
International Convention on the Elimination of A ll Forms of Racial Discrimination
Distr.: General
26 September 2018
Original: English
Committee on the Elimination of Racial Discrimination

Concluding observations on the combined tenth and eleventh periodic reports of Japan

1.The Committee considered the combined tenth and eleventh periodic reports of Japan (CERD/C/JPN/10-11), submitted in one document, at its 2662nd and 2663rd meetings (CERD/C/SR.2662 and 2663), held on 16 August and 17 August 2018. At its 2676th meeting, held on 28 August 2018, it adopted the present concluding observations.

[skip down to page seven]

Situation of non-citizens

33.The Committee is concerned that:

(a)Non-citizens have reportedly been denied housing and employment because they are foreign nationals;

(b)Foreign nationals and individuals with a foreign appearance have reportedly been denied entry to and services of certain privately owned facilities like hotels and restaurants that otherwise serve the public, including through the posting of signage reading “Japanese only”;

(c)Non-citizens, in particular Koreans, continue to be excluded from the national pension scheme because of the age requirement;

(d)The State party has not yet amended its legislation to allow non-citizens to be eligible for basic disability pensions;

(e)Non-citizens and long-term foreign residents and their descendants remain excluded from public positions that engage in the exercise of public authority or public decision-making because they do not have Japanese nationality;

(f)Some permanent residents must obtain a permit to re-enter the country prior to departing, even if they are only leaving for one day, while others do not need such a permit.

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

34. Bearing in mind the Committee’s general recommendation No. 30, the Committee recommends that the State party:

(a) Ensure access to housing and employment to non-citizens and foreign nationals without discrimination ;

(b) Create and enforce legislation against the posting of discriminatory signs and the practice of excluding public services by privately owned facilities, such as hotels and restaurants, to persons on the basis of being a foreigner or of foreign appearance;

(c) Ensure that non-citizens are included in the national pension scheme ;

(d) Amend legislation to allow non-citizens to be eligible for basic disability pensions ;

(e) Allow non-citizens, especially long-term foreign residents and their descendants, to have access to public positions that engage in the exercise of public authority or public decision-making ;

(f) Eliminate the permit requirement prior to departure for some permanent residents so that they may enter and exit the country in the same manner as other permanent residents ;

(g) Consider ratifying the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

/////////////////////////////////

Full report downloadable in several languages at:
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CERD/C/JPN/CO/10-11&Lang=En

ENDS

Celebrating 15 Years of the Debito.org Blog (June 17, 2006-2021)

Posted on June 16, 2021June 17, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. Today celebrates 15 years since the Debito.org Blog went live. (The Debito.org Website as a whole, however, went live in 1996, and we celebrated that quarter-century of online activism earlier this year on April 15 with this post.)

The Debito.org Blog was created in addition after a friend named Jim suggested that a WordPress template would make things a lot easier for me to respond to and archive daily events in real time. He was right.

The Blog’s first post was the Debito.org Newsletter of June 17, 2006, with the headlines:

//////////////////////////////////////////////////////////////////
1) “DANGER! HUMAN RIGHTS PROTECTION LAW” MANGA TRANSLATED
2) “ILLEGAL FOREIGN LABOR MONTH” SIGNS UP AGAIN IN SHINAGAWA STN
3) TOKYO PRESS CONF JUNE 22: HAMAMATSU MAYOR KITAWAKI
4) JT ON REINSTITUTION OF FINGERPRINTING, AND RESPONSE
5) KOFI ANNAN ON JAPAN’S NEW IMMIGRATION LAW
6) KOFI ANNAN ON MIGRANTS
7) JOHN EDWARD PHILIPS ON ACADEMIA AND MONOCULTURALISM IN JAPAN
//////////////////////////////////////////////////////////////////

This might give you some idea of how much things have and have not changed over the past decade and a half.

As of today, in addition to the Debito.org original Website (which is still up, of course; artery site here), as of this morning the Blog alone has 2,935 individual posts by me (amounting to 16,703 pages) and 34,737 individual comments (of which only 862, or less than 2.5%, are mine).

That’s about one post every two days on average, and about 12 comments per post. That’s an active blog by many definitions, and still going strong. And materials archived here been cited in various newspapers, journals, and books. People take it seriously.

Long may it continue. While I’m limiting myself to posting here about once a week (I’ve got other writing projects, one big one due by the end of this month), I don’t see myself giving up the Debito.org project anytime, ever.

By now, it’s just what I do.

Debito Arudou, Ph.D.

Mainichi Editorial: Foreign workers would also serve roles as consumers, taxpayers. Bravo. It needs to be said by somebody in the Wajin media

Posted on May 24, 2021 by Debito Arudou, Ph.D.

mytest

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Hi Blog. I just uncovered this post sitting in my Drafts folder for the past couple of years. It is eminently sensible and needs to be said by somebody in the Wajin Media, not just here repeatedly on Debito.org. Let’s put it up. As submitter JK says:

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

The article below is a nice change: imagining 外国人 as not just 労働者 but also 消費者 and 納税者.

Of course it would have been great if the article had gone a bit further (i.e. 可能な日本人としての役割), but baby steps I guess? –JK

//////////////////////////////////////////

Editorial: Foreign workers would also serve roles as consumers, taxpayers
http://mainichi.jp/english/articles/20181109/p2a/00m/0na/018000c

November 9, 2018, Mainichi Shinbun

Important viewpoints are apparently lacking in discussions on accepting more foreign workers to Japan. The discourse treats foreigners only as a “workforce” to alleviate labor shortages, and fails to shed light on a variety of other roles they can play.

Boosting the workforce is a vital challenge for the Japanese economy. Seeking people from overseas when labor-saving measures alone are not enough is a natural response to the reality.

But foreigners working in Japan can contribute more than labor to Japanese society. This point should not be overlooked.

First of all, they are also consumers.

The rapid depopulation of the Japanese workforce, which forms the core of household consumption, can cause national demand to shrink and drag down economic growth.

Greater use of artificial intelligence (AI) may ease labor shortages to a certain extent, but AIs do not eat or drive cars.

Foreign workers will push up housing and educational spending, like Japanese households do, when they live in Japan with their family members for longer periods of time.

Moreover, their wide-ranging needs can be expected to create new products and services and even lead to new jobs.

Another important role that foreigners can play is paying taxes. They pay income tax when they work, and they shoulder the consumption tax as Japanese do in the course of their daily lives.

A look at the United States gives insight in the situation. According to the New American Economy, a multipartisan organization studying and making proposals on immigration issues, the combined disposable income of people who came from overseas topped almost 100 trillion yen in 2014, making up for 14.3 percent of total households in America. The ratio was higher than the percentage of people born outside the U.S. at 13.2 percent.

This population group pays some 37 trillion yen in federal, state and local taxes. This amount is as large as the combined revenue from Japan’s income and consumption taxes in fiscal 2017.

We should discuss which choice we want to make — hiring young single workers on an ad hoc basis, or inviting long-term settlers with family members to increase their income and spending.

If we choose the second option, we need to make necessary preparations, and make corresponding commitments. This means exploring ways to benefit both foreign workers and the Japanese economy.

Japanese version

就労外国人　多面的な役割　消費者、納税者としても
http://mainichi.jp/articles/20181109/ddm/005/070/030000c
社説
就労外国人　多面的な役割　消費者、納税者としても
毎日新聞2018年11月9日　東京朝刊

外国人労働者の受け入れ拡大に関する議論には、重要な視点が欠けているようだ。外国人を人手不足対策の「労働力」としてしか語らず、それ以外のさまざまな役割にあまり光を当てていない。

もちろん日本経済にとって、労働者の補充は喫緊の課題だ。省力化を徹底してもなお足りない人員を国外に求めるのは、自然な流れだろう。

しかし、国内に生活の拠点を置いて働く外国出身者は、労働力以上のものを日本経済にもたらす。この点を軽視すべきでない。

まず、消費者としての役割だ。

消費活動の中心でもある現役世代の人口急減は、需要の縮小につながり、経済成長の足かせとなる。

人工知能（ＡＩ）の活用で人手不足をある程度和らげることができたとしても、ＡＩは外食をしたり、電車に乗ったりはしない。

外国人労働者が家族とともに長く日本で生活することになれば、日本人の世帯と同じように住宅や教育関連の消費も増えるだろう。

さらに彼らの多様なニーズに対応した商品やサービスが生まれたり、それが雇用の創出につながったりすることも期待できそうだ。

もう一つの主な貢献として、納税者の役割がある。働けば所得税を納めるし、生活の中で消費税も我々と同じように負担する。

米国の場合をみてみよう。移民問題の研究や提言を行っている超党派団体、ニュー・アメリカン・エコノミー（ＮＡＥ）によると、外国出身者の世帯の可処分所得は２０１４年時点で約１００兆円にのぼり、米国の全世帯の１４・３％を占めた。全人口に占める外国出身者の比率、１３・２％を上回る。

納税者としては、連邦政府向けと州政府など地方行政向けを合わせ、約３７兆円の貢献をしている。昨年度の日本の所得税と消費税の税収を合わせた額に匹敵する規模だ。

若手の単身者を頭数として場当たり的に利用しようという発想と、家族を伴う定住者に所得を増やしてもらおうという発想のいずれを取るか、議論すべきである。

後者を選ぶのなら、そのための準備と覚悟が必要になる。外国人労働者と日本経済の双方が得をする道を模索する、ということだ。

ENDS

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

NHK: Ibaraki Public Health Center targets foreigners as vectors of Coronavirus, then retracts discriminatory claims as “misleading” and “inappropriate”

Posted on May 22, 2021January 11, 2022 by Debito Arudou, Ph.D.

mytest

Hi Blog. There’s a bit of a flap at the moment about defeated revisions to Japan’s Immigration rules due to the awful death by official negligence of a NJ detainee, but this will take more research and write up on my part as a separate blog entry. (Debito.org Readers are already discussing it here.). I’ll get to it shortly, as I’m deep into a different writing project right now. Meanwhile, let me put up this quickie for the record:

////////////////////////////

Ibaraki health center warns ‘many coronavirus patients infected by foreigners’
BY TOKYO REPORTER STAFF ON MAY 22, 2021, Courtesy of Niklas and TG.
https://www.tokyoreporter.com/japan-news/ibaraki-health-center-warns-many-coronavirus-patients-infected-by-foreigners/

IBARAKI (TR) – A health center in Itako City this week retracted an “inappropriate” advisory that stated foreigners are the source of an increase in novel coronavirus infections, reports NHK (May 22).

On May 19 and 20, the Itako Health Center distributed the notice by email to agricultural cooperatives and city halls within its jurisdiction.

The document stated, “There are many coronavirus patients likely infected by foreigners.”

It advised, “If you talk to a foreigner, wear a mask. As well, please do not eat with them.”

On May 21, the health center and the Ibaraki Prefectural Infectious Disease Control Division retracted the document. “The document’s content was inappropriate,” they said.

“Though we had no intention of discriminating against foreigners,” the Itako Health Center told NHK, “we are sorry if any of the expressions were misleading.”

Shohei Sugita, a lawyer who supports the rights of foreigners, points out that Article 14 out the Constitution does not permit such distinction based on nationality since it leads to discrimination.

“Distinguishing between Japanese and foreigners may give the impression that infections are spreading only due to foreigners, which is very disappointing,” said Sugita.

ENDS
////////////////////////////////

“外国人と食事しないように”感染予防啓発文書に保健所が記載
NHK News 2021年5月22日 5時30分, courtesy of Jaocnanoni, RO, MMT, BS, and others
https://www3.nhk.or.jp/news/html/20210522/amp/k10013044921000.html

茨城県の保健所が外国人が働く農家に対して新型コロナウイルスの感染予防を呼びかけた文書に「外国人と一緒に食事をしないように」などと書かれていたことがわかりました。保健所は内容が不適切だったとして文書を撤回しました。

茨城県の潮来保健所によりますと、今月19日から20日にかけて、新型コロナウイルスへの感染予防について外国人が働いている農家に向けた文書を保健所の管内の農協や市役所にメールで送りました。

この文書には「外国人から感染した可能性が疑われる新型コロナウイルス患者が多く発生している」と書かれています。

そのうえで「外国人と会話するときは必ずマスクをつけてください」とか、「外国人と一緒に食事をしないようにしてください」などと書かれていました。

「文書の内容は不適切」と撤回

文書を出したあと外部から保健所に「不適切ではないか」との指摘があったということで、茨城県感染症対策課と潮来保健所は21日、「文書の内容は不適切だった」として文書を撤回しました。

潮来保健所はNHKの取材に対し「外国人を差別する意図は全くありませんでしたが、誤解を招く表現があったとしたら申し訳ありませんでした」と話しています。

今回の文書について外国人の支援活動を行っている杉田昌平弁護士は「行政が外国人と明示して差別を助長させかねない表現をすることは憲法14条の法の下の平等の原則に照らしてもあってはならない。日本人と外国人を分けて表現したことは外国人にのみ感染が広がっているような印象を与えかねず、大変残念な表現だ」と話しています。
ENDS
///////////////////////////

COMMENT: “Misleading”?! “Inappropriate”?! “Unintentional”?! How about unscientific and discriminatory, especially for an official bureau safeguarding public health that should know better? But given what we know at Debito.org about Japan’s constant “Blame Game”, used to distract from official policy errors and scapegoat Non-Japanese for just about anything, we could see it coming.

The bigger surprise is how quickly NHK jumped on this so quickly and got it retracted. Bravo. Media watchdogs are supposed to look out for the general public, including Non-Japanese Residents (even though they generally don’t). Please get ready to do more of the same in future. Debito Arudou, Ph.D.

SNA Visible Minorities 21: “A Retrospective on 25 Years of Activism”, April 19, 2021

Posted on April 19, 2021 by Debito Arudou, Ph.D.

mytest

SNA — I’ve been involved in activism in Japan for many years. Indeed so many that my online archive of work, Debito.org, just turned 25 years old last week. With that in mind, I’d like to devote this column to a retrospective of the past quarter century: What, if anything, has Debito.org contributed to help make conditions for Non-Japanese residents and Visible Minorities better?

Debito.org first went live on April 15, 1996, during the earlier days of the World Wide Web, as a means to respond to online bulletin board critics. When topics came up over and again, I’d just archive a previous essay on Debito.org and send a link. After a couple hundred essays were organized into general information sites, Debito.org became a platform for issues involving foreign residents of Japan.

The first major issue I took up was “Academic Apartheid” in Japan’s universities. This is where all Japanese full-time faculty were granted contract-free tenure from day one of employment, while all foreign academics, despite many being better qualified than their Japanese counterparts, got perpetual ninkisei contracts (some of them term-limited) without the opportunity for tenure.

I discovered a “smoking gun” one day in my university mailbox: A paper directive from the Ministry of Education encouraging national and public universities to fire their older foreign professors by not renewing their contracts. I scanned it, archived it, and sent a link to prominent advocates like Ivan P. Hall (author of Cartels of the Mind) for further exposure. It turns out that a government demanding their universities axe all their foreigners over forty is state-sponsored discrimination, and it blew up into an international issue that even then-US Ambassador Walter Mondale took up.

All of that information is still up on Debito.org today, and it turns out that a permanent archive that is searchable, citable, with context and without paywall, is a valuable resource, especially as many unscrupulous people would rather have a history of their actions and policies disappear into the ether. Once archived on Debito.org, it didn’t. Soon other issues on Debito.org garnered national and international attention, even generating public policy movements…

Rest is at http://shingetsunewsagency.com/2021/04/19/visible-minorities-retrospective-on-25-years-of-activism/

April 15 2021: Debito.org celebrates 25 years of existence! Here’s to another 25 years! A brief retrospective.

Posted on April 15, 2021April 15, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. I’m pleased to announce that Debito.org is celebrating its 25th birthday today!

Yes, as far back as April 15, 1996, Debito.org first went live as an archive of my essays written for a long-dead open listserv called the “Dead Fukuzawa Society”, founded by acolytes of the late Chalmers Johnson who believed, like Fukuzawa Yuukichi, of the “Fukoku Kyouhei” (Rich Country, Strong Military) slogan, that Japan had a lot to learn from overseas practices to make one’s country stronger (as did Chalmers Johnson, who believed that the US needed to learn from Japan’s Industrial Policy and mercantilist practices). Much debate ensued at DFS, and when I realized that my some of my responses to critics were retreading ground I’d written before, I archived them on Debito.org and just sent links. Some of my most interesting (and fresh) early essaywriting is still up on Debito.org (the website, not this blog section, which will incidentally also be celebrating its 15th birthday on June 17th), including “Issues of Education for Young Families“, “Debunking Myths about Japan,” “Cultural Quirks and Esoterica“, “Dai-san Sector and corruption in my little town“, “Driving in Japan“, “Japan Cycletreks“, and even funny essays (yes, humor from Debito!).

Things have changed for better and for worse, and I’d like to think Debito.org had a hand in promoting the “for better”. We’ve broken major international news stories, including the Otaru Onsens Case, Trade Barriers and the Dr. Tanii Suicide, the embedded racism of the 1995 Kobe Earthquake, Ninkisei Academic Apartheid in Japan’s Universities, Japan’s Racial Discrimination covered by the United Nations, Ministry of Justice foreigner “Snitch Sites“, discrimination at Japan World Cup 2002, racist “foreign DNA” crime research at the National Police Agency, “Tama-chan” sealion and the Juuminhyou, and more listed at our “Activists’ Page“. Debito.org’s archives have also been a launching pad for books, hundreds of newspaper articles and columns, and cited research papers. Thanks in part to Debito.org (as opposed to all the other information in the academic canon dismissing Japan’s racial discrimination as “ethnic discrimination”, “foreigner discrimination”, and “cultural misunderstandings”), Japan is no longer claiming with a straight face that racism doesn’t exist. Some are even coming to the conclusion that we need actual laws against racial discrimination (now more than 25 years after signing UN international treaty promising to eliminate it).

In fact, look at this Asahi Shinbun article, dated April 11, 2021, courtesy of KM:

Quick, rough translation by Debito (amendments welcome from Debito.org Readers):

////////////////////////////////////////

THE LACK OF A COMPREHENSIVE LAW FORBIDDING DISCRIMINATION

Asahi Shinbun, April 11, 2021

The UN, recognizing that ignoring human rights leads to the barbarity of war, issued proclamations guaranteeing human rights and the elimination of discrimination in its UN Charter (1945) and the Universal Declaration of Human Rights (1948). Other agreements, such as the Convention on the Elimination of All Forms of Racial Discrimination (1969) Convention on the Elimination of Discrimination against Women and Children (1981) also demands that signatories pass laws forbidding discrimination.

Japan has also looked back on its wartime past, and established in the Japanese Constitution that basic human rights are inviolable rights, and all Japanese people (kokumin) are equal before the law and should not suffer discrimination. However, despite specific definitions about discrimination outlined in various UN treaties, Japan still has not made a law with comprehensive definitions against discrimination.

Instead, Japan has put into effect full-scale laws against discrimination against the forceful assimilation of minorities and worked towards the improvement for conditions of Burakumin enclaves. It has also worked towards the education and enlightenment of the public in order to resolve psychological abuse.

Under the Abe Administration, instead of addressing all forms of discrimination, it took a case-by-case approach with the Law to Eliminate Discrimination against the Handicapped (2013), and laws against hate speech and Burakumin discrimination in 2016.

However, the three laws above do not include penalties for carrying out discrimination, stopping at the idealistic “this cannot be done” and “it will not be permitted”. This is due to exceptions being made under guarantees of freedom of speech in the Constitution, given a background of reservations expressed by constitutional experts about “arbitrary restrictions by government regarding speech and expression in places like public demonstrations.”

Editorial Department, Kitano Shouichi

////////////////////////////////////////

COMMENT: I would argue that this dialog in a major newspaper, acknowledging the need for a “comprehensive law” against discrimination with penalties, would not have been possible in the 1990s before Debito.org. We constantly pointed out that racial discrimination was happening to Visible Minorities in Japan, and a landmark court case (the above mentioned Otaru Onsens Lawsuit) firmed up judicial precedent that racial discrimination (jinshu sabetsu), as rendered, would appear in court documents as an incontrovertible fact of the case. Granted, no mention was made of Non-Japanese and Visible Minorities in Kitano’s essay. But the word “comprehensive” (houkatsuteki) would arguably include that.

That’s where the work of Debito.org lies for the next 25 years — getting a law against racial discrimination, with penalties, on the books. I hope you will join us in keeping the record alive and updated as we keep pushing for a Japanese society more tolerant and accepting of diversity. Japan’s inevitable multiethnic future depends on it.

Debito Arudou, Ph.D.

Founder, Debito.org

PS. Debito.org Readers, would you put something in the Comments Section about how Debito.org has been of use to you? Thanks!

SNA VM 19: “Yoshiro Mori’s Overdue Comeuppance”, Feb 15, 2021, on how the former Japan Olympics Chair melded misogyny with racism — for decades!

Posted on February 15, 2021 by Debito Arudou, Ph.D.

mytest

Hi Blog. My latest Shingetsu News Agency column recounts former Prime Minister and professional bigot Mori Yoshiro’s tenure as Japan representative, and the mystery behind Japan’s consistent waste of talent in favor of hopelessly incompetent and elitist old men. Enjoy. Debito Arudou, Ph.D.

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Visible Minorities 19: Yoshiro Mori’s Overdue Comeuppance
By Debito Arudou, Shingetsu News Agency, February 15, 2021
http://shingetsunewsagency.com/2021/02/15/visible-minorities-yoshiro-moris-overdue-comeuppance/

SNA (Tokyo) — When I started writing this month’s column, Yoshiro Mori, an 83-year-old fossil of Japanese politics, was still president of the Tokyo 2020 Olympics Organising Committee, where he had come under fire for comments claiming that women in leadership positions “talk too much,” cluttering meetings with competitive chatter. He has since resigned, but in the wake has come much media commentary about Japan’s sexism and women’s disenfranchisement.

Photos appeared showing meetings of top-level Japan business organizations (such as Keidanren) that look like old-boy clubs. Pundits noted that Japan has slipped in the World Economic Forum’s gender-empowerment index to 121st place out of 153 countries measured (the lowest amongst the developed countries, behind China, Zimbabwe, Brunei, and Myanmar). And my favorite: Japan idiotically sending a man (Kono Taro) to the world’s first meeting of women foreign ministers in 2018.

All this has occurred despite former Prime Minister Shinzo Abe’s much-touted policy of unlocking the women workforce as the “greatest potential for the growth of the Japanese economy.” He would create “a society in which women can shine.” Mori’s sexist comments make clear that hasn’t happened.

So let’s focus on what Mori himself represented: the worst of Japan’s politics, melding misogyny with racism…
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Rest is at http://shingetsunewsagency.com/2021/02/15/visible-minorities-yoshiro-moris-overdue-comeuppance/

My Japan Times JBC 119: Top 5 Human Rights Issues of 2020: “A Watershed Year for Japan’s Foreign Residents” (Dec. 31, 2020)

Posted on December 31, 2020December 31, 2020 by Debito Arudou, Ph.D.

mytest

======================
Hi Blog. Happy New Year! As has happened at the Japan Times for more than a decade, here is my annual countdown of the top human rights issues for the past year in terms of their impact on NJ Residents in Japan.

I usually do a Top Ten, but since I only had 1000 words this year, it became a Top Five with a few “bubble unders” snuck in. Enjoy! Debito Arudou, Ph.D.

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2020 was a watershed year for Japan’s foreign residents
By Debito Arudou, The Japan Times, Just Be Cause, Dec 31, 2020

“May you live in interesting times,” goes the famous curse. By that standard, 2020 was captivating. One thing affected everyone worldwide: COVID-19. And in Japan, our international community was hit particularly hard by public policy regarding its containment.

There were many other issues worth mentioning, however. For example, the Education Ministry announced an increased budget for language support in schools for non-Japanese children next year — a promising sign. However, Japan’s continued mistreatment of those kept in immigration detention centers, and an officially acknowledged incident of “hate speech” in Kitakyushu that went unpunished, were also steps backward from the goal of an inclusionary society.

We don’t have space for them all, so below are the top five issues I feel were of greatest impact to Japan’s non-Japanese residents in 2020, in ascending order.

5) Black Lives Matter in Japan…

Read the rest at https://www.japantimes.co.jp/community/2020/12/31/issues/japan-2020-foreign-resident-issues/

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The issues that bubbled under (with links to sources):

My SNA Visible Minorities 17: NIKE JAPAN Advertisement on Japan’s Visible Minorities does some good (Dec 21, 2020)

Posted on December 21, 2020December 21, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. As promised in a previous blog entry, I would be giving my opinion on a recent advertisement from Nike Japan that got a lot of attention. We’ve already debated the ad itself on Debito.org here. Thanks for your feedback. Now here’s my take, as part of my latest Shingetsu News Agency column. Enjoy. Debito Arudou, Ph.D.

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Visible Minorities: Nike Japan Does Some Good
Shingetsu News Agency, DEC 21, 2020 by DEBITO ARUDOU in COLUMN
http://shingetsunewsagency.com/2020/12/21/visible-minorities-nike-japan-does-some-good/

SNA (Tokyo) — Nike’s television advertisement depicting a multiethnic Japan stands out as a bright spot to close out the dreadful year of 2020.

Entitled “We Will Continue Moving: Myself and the Future,” the two-minute ad depicts a series of diverse Asian youths pensive about their lives in Japan.
https://www.youtube.com/watch?v=G02u6sN_sRc

Some are running about and kicking soccer balls while musing about their identity and their abilities. A voiceover has them wondering if they’re “normal,” or living up to expectations. One girl, shown in closeup in a school uniform, is clearly a Japanese with African roots. Another boy, after eating a Korean meal with his family, looks up the Zainichi issue late at night on his cellphone. Tennis champ Naomi Osaka’s photo makes a fleeting appearance, with a question about whether she’s American or Japanese. A girl finds Japan’s culture of cuteness doesn’t resonate with her, and wishes she could just ignore it all. Another girl gets glares for going out in public in her Korean school uniform. After more cuts to kids practicing their sports skills, scenes follow of school crowds staring and group-bullying minorities. One lad, drawn attention to by the teacher in class as a new transfer student, feels pressure to be liked by everyone. Another isolated kid feels pressure to tolerate her ostracisation, and then the African-Japanese girl reappears, trying to ignore the other kids who are making a fuss about her kinky hair in a school bathroom. As the music swells, these kids then seek solace in sports, becoming appreciated by their peers for their talents as star athletes—to the point where one girl tapes “KIM” over her Japanese name on the back of her jersey.

The takeaway message in a final montage of voices is the treatment they’re getting is not something they should have to tolerate. They shouldn’t have to wait for a world where they can live “as is,” without concealing themselves.

Now, before I say why this advertisement is important, let’s acknowledge some caveats. One is that this is from Nike Japan, and like all corporations their motivation is to make money. It is a stunt to attract attention and sell products.

Moreover, Nike taking a high road with social justice issues is a bit ironic, given their history of child labor and sweatshops. Above all, human rights and business do not always mix well, and businesspeople are essentially opportunists. So let’s first not delude ourselves to think Nike is primarily motivated by altruism.

The other point worth mentioning is the attention that the ad got: 11 million views so far on YouTube. Naturally, internet trolls, xenophobes, and haters got triggered. Unfortunately, even responsible media (such as the AFP and BBC) gave them oxygen by reporting their overblown calls for a boycott, then fumbled the issue by getting soundbites from unqualified “experts” with no real training in Japan’s history of civil rights, social movements, or race relations issues. These rubes missed the mark by denouncing Nike Japan as a “foreign brand,” or dismissing these kids as “outside voices.”

This is worse than just lazy journalist hackery. This fumble was a missed opportunity to highlight issues that have long been ignored in Japan’s media—the existence of a growing number of visible minorities. So let’s make up for that in this column by acknowledging that Nike Japan’s ad was a big step in the right direction.

First, let’s recap how big 2020 was for minorities in Japan sports:

Rest of the article at http://shingetsunewsagency.com/2020/12/21/visible-minorities-nike-japan-does-some-good/

Read it before it goes behind a paywall on Friday.

Unknown news chyron of Govt panel that apparently blames foreigners for spreading Covid. However, FNN News tells a different story: one of assisting foreigners. Let’s be careful to avoid disinformation (UPDATED).

Posted on November 12, 2020November 15, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Long-time readers of this venue know that I surrender to no-one in terms of criticizing the GOJ in its handling of NJ residents, especially in how they treat taxpaying long-term residents on par with (or even value less than) foreign tourists.

That said, an image sent to me by a number of people has been this:

Now, I’m not sure where this screenshot is coming from (Debito.org Reader MF has noted that it came from the Fuji TV network itself), but the chyron would indicate that this government panel is saying that “Foreigners have different languages and customs, so we can’t thoroughly enforce policies against the spread of [Covid] infections.” By implication, this means that foreigners are being seen as an obstacle to the safety of Japanese society because of their differences. This image is starting to multiply around the media sphere, for example https://www.facebook.com/memesugoi/posts/1032954460504017, which is why people are sending it to me.

However, news network FNN has a different take. Debito.org Reader JLO submitted the following video:

FNN says, at minute 1:30, “Bunkakai de wa, kurasutaa e no taiou ya, kotoba no chigai de soudan ya jushin ga okureru gaikokujin no tame ni ichigenteki na soudan madoguchi o setchi suru koto ni tsuite giron shiteimasu.”
Or (my translation):
“At this panel, they are debating about whether to set up a unified consultation center to deal with clusters and with foreigners and who face delayed medical consultations and treatments due to language differences.” Screen capture:

#新型コロナウイルス

“第3波”感染拡大止まらず　クラスター・外国人支援など協議

2,864 views •Nov 11, 2020

FNNプライムオンライン

That’s quite a different take from that other chyron! According to FNN, this panel seems to be trying to assist, not exclude or blame.

I welcome others who find more clarifying media about this event. Meanwhile, my point is to be careful. Foreigners have been so perpetually offset and treated as exceptions from the regular population that this could reflexively feel like a repeat performance. But let’s be careful that this reflex does not lead to disinformation. Debito Arudou, Ph.D.

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UPDATE NOV 14:

Ph.D. Candidate Anoma van der Veere has kindly tweeted out his research indicating some media sensationalism is going on here. Access the thread beginning at https://twitter.com/anomav/status/1327117586249568256?s=21&fbclid=IwAR0gIPlDs9K6X8tH87UWEuafZDYEM9XrgLobf7LI2luRRJgnStztEdka9n4

(Courtesy of JLO). Screen captures follow, for the record. Debito

THREAD ENDS

Cabby on “Ten Days in May: A Memorable Japan Hospital Experience during the COVID-19 Crisis”

Posted on August 12, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Continuing the August semi-vacation where I am commenting less and letting Debito.org Readers take the helm, here’s some good news for a change, where Cabby writes about a good experience he had in Japanese hospital in Okayama, Central Japan. With all the stories Debito.org has covered about how COVID has affected NJ Residents adversely, this story comes a welcome respite. Debito Arudou, Ph.D.

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Ten Days in May: A Memorable Japan Hospital Experience during the COVID-19 Crisis
By Cabby, Exclusive to Debito.org, May 17, 2020

As if submerged in a deep dark viscous pool and slowing ascending to the surface, I awoke in the Intensive Care Unit of a hospital with doctor and two nurses in attendance. My vision was unfocused and mind disoriented. I saw I was enclosed in some type of clear vinyl box with what seemed like a wooden frame.

The first external sound was that of a doctor asking if it was all right. My first mumbled utterance, “Where am I?” was answered with Okayama University Hospital I.C.U. The next words from the doctor were, “Is it okay for us to remove the ventilator? We need it for another patient.”

My confused reply . . . “What ventilator? What time is it? The doctor informed me it was Saturday afternoon and that I had been unconscious for about 26 hours. He asked once more about the ventilator. I now assume there was a matter of urgency to the request but at the time I was still quite groggy and did not even understand why I was on a ventilator. I answered, “if you think it is OK. You’re the doctor.” It was removed and in it’s place a large clear plastic oxygen mask was positioned over my nose and mouth.

As I began to regain a semblance of mental clarity I could see that I was in a large room with many patients. At the foot of the bed was a large blue and gray high-tech machine of some sort and a nurse sitting behind it. She was focused on a laptop computer resting on the surface of a tray in front of the mass of the machine.

Before long the doctor returned and informed me that they were going to move me to a different part of I.C.U. to lessen the threat of COVID-19 infection. He also told me that I had been tested upon admittance and the results were negative. This was not my primary concern at the time. The very professional staff proceeded to wheel my bed along with the blue and gray machine down a short hallway to a somewhat more secluded section of the ward.

I was placed into what to me resembled the most sanitary stable stall I’d ever seen. It was enclosed on three sides from floor to ceiling with the entire section at the foot of the bed open. For the next 24 hours, as with the previous, I remained flat on my back with a nurse in attendance the entire time as she monitored the reading on the machine and checked the laptop. I mainly slept the first evening and slowly became aware that both wrists were secured to the side rails of the bed, forcing me to remain almost completely immobile. I could see a line running into my left wrist. I later found it ran directly to an artery. There was a surgical tube through a hole in my right side over my ribcage. I was unaware of its existence until Sunday morning when a very competent doctor with a bushy black beard removed it and used stitches to close the open hole. He then removed the large oxygen mask, replacing it with a smaller one. Later that day it too was replaced by a small light nasal cannula.

During my stay in the ‘stall’ my only complaint was that my back hurt. I repeated this numerous times in English and Japanese. I knew it was because I couldn’t move from this fixed position and that nothing was broken, but the attentive and caring nurse had someone from radiology come up with a portable X-ray machine to X-ray my back. I’d never seen anything like it before. Naturally the results were negative. This was just one indication of the high degree of professionalism and concern exhibited by all staff I came in contact with during my ten-day stay at the hospital.

At the time I was unaware that there was a tube through my left nostril that went to my stomach for forced feeding. Honesty, I’m not certain when it was removed and only became aware of it when I misunderstood a nurse later in the week and thought they wanted to put a tube down my throat to my stomach. “I’m sorry but I get panic attacks and I couldn’t take having a tube go down my throat”, I said excitedly. Yukari, my nurse, smiled and calmly said, “Don’t worry. There was a tube in your nose that went to your stomach. It was already removed.” It was actually a humorous exchange. I was happy to have been completely unaware of the nasogastric incubation having taken place.

There was a need for more bed space in the I.C.U. on Sunday, and the attending doctor who removed the tubing returned with what seemed like a ream of documents for me to sign. I couldn’t focus well, and the bed could only be raised slightly, so I am certain all of my signings are illegible. I made a feeble attempt at humor with the doctor. Instead of the word “signature”, the English version of the forms had “autograph”. I told him before I gave an autograph it would cost ¥500 per autograph but I would provide my signature for free. Being competent in English as well as medicine, he smiled.

I then asked him, “What happened to me on Friday afternoon?” He said, “You had a light case of pneumonia.” I said, “a light case?” To which he responded, “Along with a collapsed right lung.” Now that one got my attention. Although I didn’t feel it, my condition must have been improving because he informed me that I’d be leaving I.C.U. in a few hours and explained the current room situation and costs. Due to the crowded conditions in the respiratory ward, my first choice, whether it be a private or four-person room, might not be available. I opted for a private room, at least, for a few days and was fortunate to get it and remain there for the rest of my stay.

The next part of our conversation was mildly confrontational since I was informed that I would probably have to move to a different hospital due to the need for beds. This hospital is one of the four in the prefecture designated to treat COVID-19 patients. I was adamant about not wanting to move, knowing that I would receive the best available treatment right where I was, since I was already an outpatient there for my COPD condition. The doctor told me not to get too stressed over it as any other hospital would have to approve my transfer, even though I tested negative for COVID-19. Many hospitals in the area were refusing patients due to the epidemic.

At about 2:00 in the afternoon I was moved to a private room in the respiratory ward. I could never have anticipated the reception I received when my bed was wheeled past the nurse’s station. I actually had a nurse assigned to me for both day and night shifts. However, this does not mean that she remained in the room. Of course I was aided by many different nurses every day. It being Golden Week (a week of national holidays), the conscientious nurses were working with a full ward of patients and a skeleton crew. Somehow they managed to remain cheerful and attentive at all times. Their constant positive demeanor amazed me.

Afraid of being moved to another hospital, I did something I am not accustomed to doing. I told the nurse assigned to me that I did not want to move to another facility and then began name-dropping. I told her that I have been teaching nurses in this hospital for the past three years. I quickly learned she was aware of this and had wanted to take my class last year but it was full. The next time I saw the doctors I did the same thing and let them know that fifth year students at the Dental Hospital all use a textbook that I wrote and edited with university dentists.

Every day as my condition improved there were small changes. After two days of nothing but soft foods three times a day, I was able to change to a regular diet. It was a pleasant surprise that the most meals tasted good. I devoured every morsel served to me as I wanted to regain my strength and return home as soon as possible. My only complaint was that there wasn’t enough food, but I understood why. As is currently the case in most hospitals across Japan due to COVID-19, no visitors were allowed, so receiving food from outside was not an option. The ban on visitors placed an extra psychological strain on patients. It also caused additional work for the nurses. Since I arrived by ambulance I had none of the many things needed for a prolonged stay in a Japanese hospital. When I arrived in the ward I was able to get my phone and wallet that my good friend, Tony, brought to the hospital. I felt bad about having to impose on the nurses who needed to go to the first floor convenience store to buy me a comb, toothbrush, toothpaste, chopsticks, etc. at a time when they were so busy and short staffed. The shops were only open a few hours a day during Golden Week. Another good friend, Paul, went to my apartment to gather some clothes and a few other needed items and was able to bring them to the nurse’s station for me. I now had my Kindle to read from, which made passing the time much easier.

When the nurses came to check my condition, administer medications through IVs and injections through a hole in my neck that had three different lines, they were always cheerful and we had fun in mixing Japanese and English. They would often bring a tablet that they could speak Japanese into and English text would appear on the screen. As one might expect with translation software, it wasn’t very accurate. At times the errors were truly funny and when I’d explain what the translation meant we’d all crack up laughing. 0ne said, “After you stop breathing, how do you feel?” At one point a nurse was trying to find a medical expression in English and I began to laugh. She didn’t understand and I asked if I could see the laminated sheets of paper she was holding. I flipped through them to the correct page and explained they were the pages of bilingual expressions used in my lessons. We both enjoyed that one. I noticed that there were corresponding pages in Chinese, too.

By Monday I could brush my teeth in bed and stand up next to the bed for a short time. Tuesday I got up and into a wheelchair with an oxygen tank attached, and a nice young nurse took me to a room with a beauty salon type chair and shampooed my hair. I was beginning to feel human again. Later we went to the first floor radiology center for a chest X-ray. On Wednesday they removed both the catheter and oxygen line. A nurse bought a card that allowed me to use the room TV and ward washers and dryers, so I was able to wash clothes right on the ward. It felt so good to be untethered again. I met with doctors a few times on Thursday and Friday and they changed my tentative release date from the following Tuesday to Sunday.

Once free of all tubes and hoses I began to wander the ward trying to get some circulation through my legs and build up their strength. I met a few interesting old gentlemen during my laps around the ward. One was a retired merchant marine captain who had been around the world many times. Friday I had a brief explanation about the new daily medication I would be taking at home and continued my walking. It felt nice not to burden the nurses with taking away my food tray after meals or having them go to the vending machine for all the bottled water I consumed. I had the stitches removed from my side where the tube had been inserted, only to have them replaced on Saturday as the hole reopened slightly during the night.

Saturday morning, I met with the head of the respiratory rehabilitation therapy section, answered some profile questions and later in the afternoon a very nice young therapist, Sho, met with me about breathing exercises. He was excited to be able to communicate in English and we talked about music for a bit. I was very happy to learn that he and all the doctors felt the QiGong, Louhan Patting, stretching and Tai Chi I’d been doing every morning since October were all good for my lung conditioning and recommended I continue my daily routine.

Sunday morning was interminable as I awoke at 5:00 and was counting the minutes until my 10:00 release time. The last 30 minutes seemed like an eternity as I didn’t get to leave until 10:30. When I got to the nurse’s station, two friends whom I’ve known for more than thirty years were waiting for me. It took all the restraint I could muster not to run up to them and give them a giant hug. Instead we did a Corina shoe tap. Hardly sufficient. In addition to the fantastic care and encouragement I received from doctors and nurses, being able to use FaceTime to connect with my daughter and friends was invaluable in keeping my spirits up at a difficult time. The online support and well wishes from so many friends made through both my career as an educator and a lover of music were unbelievable.

I would be remiss in completing this saga without describing what had happened before waking up on a ventilator. On Friday afternoon, May 1, I was feeling great and about to take a shower and go for a 6km walk as I had the two previous afternoons. Suddenly I felt as if I were experiencing the onset of a panic attack. Since talking usually helps to relieve the anxiety and get back to normal, I phoned my best friend, Tony. After a few minutes the conversation ended. Almost immediately I hit the high anxiety level and called him back. During the conversation I became very frightened and asked him to please get a cab to my place. He knew where I lived but not the address. I texted that quickly and told him I’d leave the door open. That was my last memory until waking in the hospital the next afternoon. My friend found me slumped on the sofa, eyes open but glassy and breathing, but barely. After I couldn’t respond in a coherent manner to a few questions he called 119 and had an ambulance sent. Within five minutes the excellent three-member team from the Okayama Fire & Rescue Department arrived in what could be termed hazmat suits, and together with my friend carried me in a body sling down the building steps to the ambulance. At first the driver was unsure the university hospital would accept me as I was exhibiting COVID-19 symptoms, so we slowly made our way toward town and as soon as they received approval, the driver hit the siren and sped to the ER.

I owe so much to so many for saving my life and providing highly professional treatment and care. I am quite fortunate to be here to write this and to have so many friends who were there when I needed them most.

CABBY (2,618 words)

American Chamber of Commerce in Japan calls on J govt to cease “double standard restricting [Foreign Japan Residents’] travel, economic, and familial opportunities based on nationality” in Coronavirus policy

Posted on July 16, 2020July 17, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Now the ACCJ has spoken out against the Japanese government’s coronavirus policy treatment of NJ Residents that you see nowhere else in fellow developed countries.

As Debito.org concurs with a resounding cheer (as it’s what we’ve been saying all along), the ACCJ notes in its second statement:

“Such individuals, especially those with permanent residency (eijuken) and their accompanying family members or those who are immediate family members of Japanese nationals, and those with long-term working visas and their accompanying family members, need to be allowed to enter Japan under the same conditions as Japanese citizens to continue living and working in this country. Such foreign nationals are actively and positively contributing to Japan’s economy and society, and do not pose any greater risk than Japanese citizens re-entering Japan… At minimum, Japan should adopt the approach of other G7 countries to allow foreigners with established residency status and their immediate family members to depart and enter the country on the same basis as Japanese nationals.”

Bravo. This is in addition to the recent Japan Association of National Universities’ similar call on behalf of international students. Courtesy of TJL. Debito Arudou, Ph.D.

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THE AMERICAN CHAMBER OF COMMERCE IN JAPAN CALLS ON GOVERNMENT OF JAPAN FOR EQUAL TREATMENT OF ALL RESIDENTS

https://static1.squarespace.com/static/5eb491d611335c743fef24ce/t/5f0c1ed4aee1c9281ab07fc0/1594629845288/200713+PR_English.pdf

JULY 13, 2020 [TOKYO] – The American Chamber of Commerce in Japan (ACCJ) today issued a second statement [included below] in response to re-entry travel restrictions placed on residents of Japan who are not Japanese citizens and called on the Government of Japan to provide fair and equal treatment for all residents regardless of nationality.

“Foreign residents of Japan who have made a decision to build a life here and contribute to the Japanese economy should not be subject to a double standard restricting their travel, economic, and familial opportunities based on nationality,” said Christopher J. LaFleur, ACCJ Chairman. “While we applaud and support the Japanese government’s efforts to manage the COVID-19 crisis, a resident’s nationality provides no basis on which to assess risk or assign travel privilege in relation to COVID-19.”

Foreign nationals actively and positively contribute to Japan’s economy and society, and do not pose any greater risk than Japanese citizens re-entering Japan.

The ACCJ statement expresses concern among our international business community that the prohibition currently in place is detrimental to Japan’s long-term interests, in particular as to Japan’s attractiveness as a place to invest and station managerial employees with regional responsibility.

The ACCJ requests that the Japanese Government establish a re-entry permit or process whereby travelers entering Japan under the ‘humanitarian’ exception can receive an assurance that they will be admitted to Japan before they board flights outside of Japan.

The ACCJ also requests that any measures taken to permit Japanese nationals to travel for business, or, in the future, travel for other purposes, also apply equally to foreign nationals with proper permanent residency as well as their spouses and children, foreign nationals who are spouses or children of Japanese nationals, long- term visa holders and their accompanying family members, and foreign nationals residing in Japan under a Japanese working visa.

Finally, the ACCJ would like to see the Japanese government announce clear timelines for the resumption of travel and implement clear policies with the minimum documentation necessary. This will enable those properly desiring to return to Japan to make plans free of anxiety and continue their contributions to Japan’s economy, society, and international relations. ENDS

About ACCJ

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The American Chamber of Commerce in Japan (ACCJ) was established in 1948 by representatives of 40 American companies. Over its 72-year history, the ACCJ has positioned itself as one of the most influential business organizations in Japan. The ACCJ has approximately 3,000 members who together represent over 600 globally minded companies with offices in Tokyo, Nagoya, and Osaka. Working closely with the U.S. and Japanese governments, business organizations and others, the ACCJ engages in activities that advance its mission of further developing commerce between the U.S. and Japan, promoting the interests of U.S. companies and members, and improving the international business environment in Japan including the commitment to demonstrating responsible corporate citizenship. The ACCJ’s more than 60 committees represent a variety of industries and make policy recommendations through advocacy tools such as viewpoints, public comments, and white papers. The ACCJ holds on average 500 events and seminars a year, many of which focus on government policy and economic trends. The ACCJ is also committed to promoting charitable and CSR activities.

PRESS CONTACT: ACCJ Communications (comms@accj.or.jp)

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FULL ACCJ STATEMENT

https://static1.squarespace.com/static/5eb491d611335c743fef24ce/t/5f0433e6e9c21e3821625bca/1594110951359/200707+Second+Statement+on+re-entry+travel+restrictions.pdf

July 7, 2020

Second Statement on Re-entry Restrictions Placed on Permanent Resident and Visa Holders

The American Chamber of Commerce in Japan (ACCJ) expresses our concerns regarding Japan’s immigration authorities’ limitations on the entry of non-Japanese nationals residing in Japan during the COVID-19 crisis.

The ACCJ understands and supports Japan’s efforts to protect itself from further spread of the virus, including Japan’s decision to enforce a mandatory 14-day quarantine on those returning to Japan from countries where the risk is greatest. We also recognize the progress in clarifying the conditions and criteria for, and the process under which, foreign residents of Japan may receive permission to re-enter Japan for humanitarian reasons.

We are concerned, however, that the prohibition currently in place on the entry into Japan of foreign nationals who have a permanent abode, family, and work base in Japan is detrimental to Japan’s long-term interests, in particular as to Japan’s attractiveness as a place to invest and station managerial employees with regional responsibility.

Such individuals, especially those with permanent residency (eijuken) and their accompanying family members or those who are immediate family members of Japanese nationals, and those with long-term working visas and their accompanying family members, need to be allowed to enter Japan under the same conditions as Japanese citizens to continue living and working in this country. Such foreign nationals are actively and positively contributing to Japan’s economy and society, and do not pose any greater risk than Japanese citizens re-entering Japan.

We would also note that through the payment of local and national taxes, the consumption of goods and services from the local economy, and the support for companies both local and international, Japan’s foreign residents and workers play an important role in ensuring Japan’s economic growth and good relations with global partners. Their contributions will be all the more important as Japan looks to recover from the economic impact of the COVID-19 pandemic. We are grateful that the Government of Japan treated the foreign community in Japan on an equal basis by designating duly registered foreign residents as eligible for the recent COVID-19 stimulus payment.

More immediately, we respectfully request that the Japanese Government establish a process whereby travelers entering Japan under the ‘humanitarian’ exception can receive an assurance that they will be admitted to Japan before they board flights outside of Japan. This is because airlines are generally obligated to return, at their own expense, travelers rejected entry to a country. For this reason, we understand that many airlines are refusing to board any non-Japanese nationals on flights to Japan because of the regulatory uncertainty. This process could be notionally similar to the current re-entry permit application system, and it could be thought of as a “coronavirus re-entry permit” granted at the time the traveler leaves Japan or by special application to a designated Japanese Embassy, Consulate or other designated entity.

We respectfully request that, as the government’s Novel Coronavirus Response Headquarters considers which further steps it might take to ease restrictions on travel and measures taken to permit Japanese nationals to travel for business, or, in the future, travel for other purposes, any decisions also apply equally to foreign nationals with proper permanent residency as well as their spouses and children, foreign nationals who are spouses or children of Japanese nationals, long-term visa holders and their accompanying family members, and foreign nationals residing in Japan under a Japanese working visa. At minimum, Japan should adopt the approach of other G7 countries to allow foreigners with established residency status and their immediate family members to depart and enter the country on the same basis as Japanese nationals. In the event that is not done, any guidance provided should be based on objective standards and any advance clearance provided should be in writing and should be recognized as an official approval at the point of entry into Japan.

We hope that the Japanese government will announce clear timelines for the resumption of travel and implement clear policies with the minimum documentation necessary. This will enable those properly desiring to return to Japan to make plans free of anxiety and continue contributing to Japan’s economy, society, and international relations.

We respectfully request that the Japanese government considers these concerns and suggestions as critical work continues to protect Japan from the effects of the pandemic and encourage its recovery. ENDS

Japan’s National Universities call on the Education Ministry to protect int’l students from expulsion and exclusion (a report from Debito.org Reader Mark)

Posted on July 15, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Mark, a graduate student at a Japanese university, sends word that Tokyo University’s International Student Support Group has been doing its job assisting its NJ students, noting that the Japan Association of National Universities has made demands to the Ministry of Education clearly advocating on behalf of international students in Japan. The latter on the national government to (ISS’s translation):

(1) ensure that the international students and researchers who already obtain a status of residence can have the continued education and research opportunities by promptly allowing them to re-enter Japan. Also, it should be based on thorough infection prevention measures.

(2) promptly resume the visa application process at Japanese Embassies/Consulates for international students (new students) and newly hired international researchers, carefully monitoring the infection situation in each country.

Now, while this isn’t on the scale of what you get in the United States, where a very large front of universities, states, and even corporations lined up lawsuits to defend international students from getting their student visas revoked by the Trump Administration if they were taking online-only classes (resulting in the Trump Administration actually backing down yesterday, mere days after ICE unilaterally declared it policy). But for Japan it’s a start. And a rather rare example of organizations that aren’t “activist groups” advocating on behalf of NJ rights (especially since the GOJ’s activities lately have been especially isolationist and xenophobic).

And since these are Japan’s flagship universities, including Toudai, it’s a precedent and a template. Bravo.

Turning the keyboard over to Mark for his report. Debito Arudou, Ph.D.

///////////////////////////////////////////
From: Mark
Sent: Tuesday, July 14, 2020
To: UTokyo Int’l Support Group 本部国際支援課学生生活T <rsupport.adm@gs.mail.u-tokyo.ac.jp>
Cc: in@m.u-tokyo.ac.jp
Subject: コロナ水際対策　「外国人」差別の理不尽

Dear Members of ISSR,
(CC. Graduate School of XXXXX),

I am a graduate Student at the School of XXXXX. I am kindly writing to share an editorial article published by Asahi Shinbun and ask about what can your Office do to help in this regard.

（社説）コロナ水際対策　「外国人」差別の理不尽
https://www.asahi.com/articles/DA3S14504839.html (reproduced below)

I found that the Government’s policy is an example of racial discrimination. It is the only country of the world practicing such discriminatory policy. As a foreign student affected by such irrational discrimination, I would kindly ask specifically how your Office can help in a concrete way.

A public statement from the University would be valuable and would be a reasonable request.

Although the Confucian tradition in Japan makes difficult for most Japanese to oppose a policy from the “top” (from a superior), such discriminatory policy affecting international students is so irrational that deserves a concrete action. Otherwise, Universities are being accomplices and the effort for internationalization would be proven to be false and shallow.

I look forward to hearing from you soon, Best regards, Mark

PS. More details about the discriminatory policies are available here:
https://www.debito.org/?p=16095

///////////////////////////////////
REPLY:

From: UTokyo Int’l Student Support Room 留学生支援室 <issr.adm@gs.mail.u-tokyo.ac.jp>
Date: Wed, Jul 15, 2020
Subject: RE: コロナ水際対策　「外国人」差別の理不尽 (Dear Marco-san)
To: Mark
Cc: UTokyo Int’l Student Support Room 留学生支援室 <issr.adm@gs.mail.u-tokyo.ac.jp>

Dear Mark,

Hello, this is the International Student Support Room (ISSR). Thank you for your message.

International Support Group (ISG, that is in charge of University guarantor system, etc. at rsupport.adm@gs.mail.u-tokyo.ac.jp ) forwarded your message to us this morning at issr.adm@gs.mail.u-tokyo.ac.jp　We are the university-wide office to provide international students with the support regarding their on/off-campus life.

We totally understand that the international students as well as all foreign nationals who have a valid resident status in Japan, have been going through very challenging times.

As you may know, university and its board members made an announcement to our international students dated on July 7, as follows. We sincerely concern about the students who are unable to enter to Japan and who are in Japan, but still have difficulties to take online classes.

https://www.u-tokyo.ac.jp/content/400142176.pdf (text follows, for the record):

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

Dear International Students:
The COVID-19 crisis has brought serious challenges to our society. As you know, the University of Tokyo has been offering classes online since this past April to contain the spread of the infection of the virus.
We understand that many of you coming from abroad must have a variety of concerns. Those who have not been able to enter Japan and have been taking online courses from outside Japan must be particularly worried.
The following websites include helpful information for students. Please refer to the kind of support available as well as necessary contact information for you.
UTokyo websites for students:
○“University Response to the Coronavirus Disease 2019”
”To current students”
COVID-19-related information regarding financial support, counseling, classes, housing, information for international students:
https://www.u-tokyo.ac.jp/en/general/COVID-19.html#id02
○Website for International Students
Useful information for international students such as counseling services available on and off campus and contact information for international students:
https://www.u-tokyo.ac.jp/adm/inbound/en/index.html
If you have any questions or wish to make any consultation about your academic affairs such as registering for courses, please contact your academic advisor or the staff and faculty in charge of international students of your school or college.
The University of Tokyo will continue to do everything possible to make sure all of you may continue with your academic endeavors. The University will provide an appropriate educational environment in which each and every one of you can continue with your effort to realize your academic goals, even in this difficult situation.

OKUBO Tatsuya, Executive Vice President in charge of Student Affairs

AIHARA Hiroaki, Director General of the Division for Global Campus Initiatives

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

On July 13 (day before yesterday), in light of our concerns regarding the current international students, The Japan Association of National Universities requested the Minister of Education, Culture, Sports, Science and Technology as follows. The University of Tokyo, of course is a member of this association.

https://www.janu.jp/news/whatsnew/714.html

(Full PDF here for the record: 20200713-wnew-youbou)

*We apologize that the request is written in Japanese, so please refer to the Japanese translation.

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

We (The association) request the relevant ministries to;

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

ISSR also keeps our board members informed about the difficult situations that the international students have encountered. What international students/researchers think really matters to us.

Thank you again for sharing your message with us. Best regards, ISSR
ends
////////////////////////////////

Asahi article in Mark’s letter:

（社説）コロナ水際対策　「外国人」差別の理不尽
朝日新聞　2020年6月8日
https://www.asahi.com/articles/DA3S14504839.html
コロナ禍で海外との人の行き来がほぼ途絶えるなか、日本で暮らす外国籍の人がひときわ厳しい立場に追いこまれている。

感染防止の水際対策の一環として、政府が「いったん日本を離れたら再入国させない」との措置をとっているためだ。国内に生活基盤をもつ人も対象で、母国に差し迫った用事があっても帰ることができないとの悲鳴があがる。理不尽な施策は直ちに改めるべきだ。

政府は現在、１１１の国・地域からの「外国人」の入国を拒否している。日本の永住資格をもつ人や日本人の配偶者たちも同じ扱いで、これらの国々に赴いた場合、原則として再入国は許可されない。入管当局は出国を控えるよう求める。

だが抱える事情は様々だ。

母国に住む重病の親族を見舞いたい、経営する海外の会社が立ちゆかないので現地で直接指揮したい――といった切実な希望もかなわず、各方面に影響が及んでいる。やむなく出国した人は日本に戻れず、家族にも会えない状況が続く。

先月の国会では、母親の葬儀に参列しようとした日本在住１１年の外国人が、事前に当局に問い合わせたところ「再入国は認められない」と言われ、最後の別れを断念したケースが紹介された。政府による人権侵害行為と言わざるを得ない。

今回の入国規制をうける外国人のうち、たとえば「永住者」は、日本に１０年以上住み、納税などの義務を果たしてきた人たちだ。様々な分野で責任ある立場についている人も多く、その数は約８０万人。日ごろ政府が唱える「外国人との共生」のまやかしや底の浅さを、コロナ禍が浮かびあがらせた格好だ。

他の先進国も水際対策に力を入れるが、長期滞在者や自国民の配偶者らの再入国に特段の障壁はない。家族、住まい、仕事など、その人をその人たらしめる土台はその国にあるのだから、当然の対応だ。

日本も再入国を認めたうえで、空港などで感染の有無をチェックし、自主隔離を要請すればいいだけの話だ。日本国籍の人や在日コリアンら特別永住者と異なる扱いをしなければならない理由はどこにもない。

国会で議論になった後、出入国在留管理庁はホームページに「人道上配慮すべき事情があるときなどは入国を許可する場合もある」との一文を載せた。しかしどんな場合なら「配慮」するかの基準は不明で、問題の解決になっていない。

国籍がどこであろうが、ひとりの「人」として遇する。この基本を理解しない政府が、外国人材の受け入れを標榜（ひょうぼう）したところで、信頼されるはずがない。
ENDS
======================
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Info on Black Lives Matter demos in Japan in response to excessive police force towards a Kurdish Resident; also the backlash of right-wing Tokyo Katsushika-ku Assemblyman Suzuki Nobuyuki: “expel any foreign demonstrators”.

Posted on June 7, 2020June 7, 2020 by Debito Arudou, Ph.D.

mytest

////////////////////////////////

Hi Blog. As you know, following the George Floyd et al. killings by police in America, there is an international wave of condemnation towards institutionalized racism and brutality in law enforcement. Japan is not exempt from this (in fact, institutionalized embedded racism is one of the reasons Debito.org exists, and the Japanese police are notorious for their normalized racial profiling), and a recent case (see Reuters article below) of a Kurdish man being assaulted by police during a traffic stop has made news. Given this flashpoint, a Black Lives Matter movement of protecting minorities against state-sponsored unchecked violence has taken wing around Japan. Please join in if you’re interested. Information website here:

https://blacklivesmattertokyo.carrd.co/

More on what BLM Kansai has been doing is also at SNA here:

Looks like there is a good turnout for today's Black Lives Matter march in Osaka. As far as we know (and we will welcome corrections), there has never before been a BLM event in the Kansai region. (MP) #BLMKansai #BLMKansaiMarch #BlackLivesMatterKansai #BlackLivesMatter #BLM https://t.co/88C1B9CyXe

— SNA Japan (@ShingetsuNews) June 7, 2020

Bravo. Meanwhile, as SNA has pointed out, certain elements within Japan have a problem with any Non-Japanese trying claiming their rights in Japan even through peaceful public protest: “Veteran anti-foreign rightwinger Nobuyuki Suzuki, currently a Katsushika Ward assemblyman, demands that any foreigner who engages in a street protest should be tracked down by the police and expelled from the country. (MP)”

Veteran anti-foreign rightwinger Nobuyuki Suzuki, currently a Katsushika Ward assemblyman, demands that any foreigner who engages in a street protest should be tracked down by the police and expelled from the country. (MP) #Japan #Discrimination #Rightwinger #Rightwing #Japan https://t.co/kyRYiTQFZV

— SNA Japan (@ShingetsuNews) June 7, 2020

After all, according to the Suzukis of Japan, foreigners don’t belong here. They aren’t kokumin, and because they are only here by permission of the government, by definition they should not protest; they should be just good little Guests or get out. Japan for the Japanese. You know the mantra. Even though public demonstrations (for example, by NJ workers in labor unions) are perfectly legal, and have been going on for decades.

That’s why social movements should crest and clean these exclusionary bigots out of government. And Debito.org will at least add its voice in support. Debito Arudou, Ph.D.

Reuters article:

/////////////////////////////////////

REUTERS WORLD NEWS, JUNE 6, 2020
Kurdish case becomes rallying cry for Japan protest against police
By Mari Saito
https://www.reuters.com/article/us-minneapolis-police-protests-japan/kurdish-case-becomes-rallying-cry-for-japan-protest-against-police-idUSKBN23D0JG

PHOTO CAPTION: A demonstrator wearing a mask holds an ”Antifaschistische Aktion” flag during a protest march over the alleged police abuse of a Turkish man, in echoes of a Black Lives Matter protest, following the death of George Floyd who died in police custody in Minneapolis, in Tokyo, Japan June 6, 2020.

TOKYO (Reuters) – The case of a Kurdish man who says he was stopped and shoved to the ground by Tokyo police became a rallying cry for protesters marching in solidarity with Black Lives Matter on Saturday.

Several hundred people chanting “I can’t breathe” to invoke the death of George Floyd in the United States marched through the trendy Shibuya district on a sultry afternoon, saying that police abuse – particularly against foreigners – was a problem at home as well.

“I feel very sad,” said Tomohiko Tsurumi, 43, who joined the march with his wife. “I always thought of this country as very safe and I realized that there is so much (police action) we cannot see.”

The 33-year-old Turkish man of Kurdish origin, who asked not to be named, told Reuters this week that he was stopped by police driving in downtown Tokyo on May 22 – three days before George Floyd died in Minneapolis when a police office knelt on his neck for nearly nine minutes.

When the man would not allow police to search his car, two officers shouted at him and shoved him to the ground, the man said. A friend in his car filmed part of the incident.

Police declined to comment, saying they have not made anything public about the incident.

The video, seen by Reuters, includes the officers yelling at him to sit and not make trouble. One of the officers can be seen kicking the man in the leg before making him crouch on the ground.

That officer can be seen with his arms around the man’s neck, telling him to be quiet.

“I couldn’t breathe. If my friend hadn’t been filming I don’t know what would have happened,” the man said, adding the encounter left him with bruises on his neck and back.

“This was in the middle of the day and I was on the way to my dentist,” said the man, who said he has lived in Japan for 15 years and was not at Saturday’s protest due to what organizers said was fear of being arrested. “That’s what’s so upsetting.”

The man filed an assault suit against the two officers with Tokyo prosecutors on May 27, said his lawyer, Yasuaki Nara.

An African man at the demonstration with a friend said their appearance got them more scrutiny from Japanese police.

“I feel what George Floyd was feeling,” he said, declining to give his name or his country of origin. “We feel what his family is feeling.”
ENDS

Kyoto Nakagyou-ku issues comic book on local street safety to grade schoolers, created by Kyoto Seika Univ & Kyoto International Manga Museum, portraying “foreigners” as unintelligible ill-mannered tourists!

Posted on April 28, 2020April 28, 2020 by Debito Arudou, Ph.D.

mytest

////////////////////////////////

Hi Blog. As I recently said in an interview with the Shingetsu News Agency, people who live in Japan (including NJ Residents) have to speak up if they feel they are being unfairly treated or depicted in public. And they do, sometimes with success.

Consider the case of RJO below, who writes that he saw a Kyoto Government comic book (ironically, scripted and edited by Kyoto Seika University, in conjunction with the Kyoto International Manga Museum! ) issued to local grade-school children about traffic safety (a concern in Kyoto for commuting kids). Amidst other concerns, the booklet veered off on a tangent to target and alienate “foreigners” (not to mention Visible Minorities) as loud, ill-mannered loiterers and litterers.

That’s the NJ Community’s only appearance in the comic — as guests (not Residents). Of course, according to eyewitness reports (and personal experience), this is in spite of ill-mannered loud littering Japanese around Kyoto as well. (Those kind of manners, you see, are exogenous to Japan. Even an elementary school student knows that. Now!)

The good news is that RJO and a friend took this up on Facebook, then directly with the City Government. Within hours the downloadable link to this booklet disappeared!

Turning the keyboard over to RJO now to tell his story. Good job, you two. Again, if you live here as a Resident, you have to make yourself known as one sometimes. Demand non-differential treatment. And definitely demand not to be alienated in a primary school setting! Debito Arudou Ph.D.

////////////////////////////////////

To: debito@debito.org
From: RJO
Date: April 26, 2020

Dear Debito, I am a French national living in Kyoto, Japan for 12 years now. I have a Japanese wife and two daughters.

My older daughter is studying at Kyoto International French School (LFIK), but she is allowed to attend classes at our local elementary school, one of the few in Kyoto where the head of school accepts students from international schools during the holidays.

We did not attend the school’s “nyûgakushi” (annual opening ceremonies), but managed to meet the teacher and grab some documents.

I noticed later, at home, that they had given us a booklet about “street safety”. The reason why is because downtown Kyoto is not very safe for children. No sidewalk, narrow streets, “nagara unten” from both cars and cycles, tobacco, etc…

[“Taking Back the Streets: A city where people can enjoy walking” produced by the Kyoto City “Nakagyou-ku Traffic Problems Project Meeting” Issued March 2020. Publisher details follow. Click to expand in browser.]

Scripted and edited by the Kyoto Seika University (Kyoto International Manga Museum Jigyou Sokushin Shitsu)

Anyway, I started reading it, and found a depiction of Non-Japanese tourists, namely how they loiter and throw rubbish around. The young Japanese protagonists of the manga are all distressed, and go “Oh, such bad manners. I wish I could tell them something in English.”

[Right side bottom left quadrant shows racialized people making loud “Wai” noises. The girl below says, “Boy, there are a lot of tourists here!” The grandmother agrees. Then the top left has unintelligible foreigners that are commented on for eating while walking, then throwing their garbage down a drain to the kids’ immense shock. Just before the kids almost get hit by a car, they say, “What awful manners. What would I say to them to caution them?” “Uh… in English!? Uh, I dunno. As you said, in English, where to start?” Translations by Debito. Click to expand in browser. The entire booklet can be read here as a PDF: Toori-no-fukken]

And I’m like, “What!?”

The thing is, “ill-mannered foreign tourists” are often in the news and in public communications. But actually I see lots more “local” people with bad manners everyday, and I tell them directly: “Koko wa tabako dame desu yo”, “Nagara unten yamete kudasai”, etc. I’m brave, I don’t care, and I show my daughter that you have to stand up for yourself.

So the authorities have made a booklet about street safety in Kyoto, a very relevant issue, but the only time Non-Japanese people appear in it, they are depicted as having bad manners.

Again, what’s the booklet about? Street safety.

If they want to bring in Non-Japanese people for some reason, they should show all kind of Non-Japanese people, not just the ill-mannered, loitering people. Or not just focus on the bad manners of “foreigners”. It’s a very bad association.

Plus, remember that this booklet is handed out to elementary school children. So they’ll see that depiction, the frustration of the child protagonist, and how “English-speaking people” don’t respect the rules and stuff.

Mixed-roots children (like my daughter) are part of Japanese society. They go to elementary school like everybody else. Some of them speak English, but not all do.

When my daughter used to go to a Japanese kindergarten (before the French school), I was often greeted by groups of kids shouting “Eigo no hito da!” while pointing their finger at me.

It was unsettling. I let their teachers know that, but they just said, “They’re kids, they don’t know any better.” So I said, “I know, it’s your job to teach them. I’ll be happy if they just say ‘konnichiwa’, like they do with everyone else.” (It worked, in the end.)

The street safety booklet reminded me of that, and I put a few pictures of it up on FB with English and Japanese comments.

A Japanese FB friend with English ancestry named Mariko picked up on it immediately, shared it with others, and called the City Office.

The City Office actually took everything off their website the next day (the booklet was downloadable) and promised to recall the booklet.

[Here’s the original link, and a screen capture of how it appeared on Facebook:]

https://www.city.kyoto.lg.jp/digitalbook/page/0000000899.html

It had just been published in March. They had just started giving it out and showing it in a few places.

I feel bad for the street safety campaign, but I’m happy with the result. We (Non-Japanese) are not outsiders, strangers, or just “ill-mannered tourists”. We live here. We understand Japanese. We also have to stand up for our kids.

Mariko made a good example of that. She wrote later on FB how her own kids were next to her the whole time she tried to reach the City hall. She said, “They need to see how we can defend ourselves. A phone call can change things.” She’s active against all kind of injustices.

I also believe in action. I sent letters to Combini chains to ask them to remove ashtrays close to my daughter’s kindergarten. I called the City services to urge them to put “no tobacco” signs in public parks where kids go. When I ride my daughter to school, we frequently have troubles with taxi drivers that break the speed limit or ignore the stop signs. I take picture of their plate and contact their company. I also go to the kôban to ask them to patrol the streets where such incidents happen frequently. That kind of thing. It’s not much, but I often get positive results.

I believe that many people, Japanese and Non-Japanese alike, feel the same about all of these issues (from street safety and tobacco control to racial discrimination), but they don’t think they can make a change. I think they can, we can.

Thank you Debito for your advice, and for sharing the story. Sincerely, RJO.

Finance Minister Aso apologizes if ‘single-race nation’ remark (essentially denying Japan’s officially-recognized multiethnic society) was “misunderstood”

Posted on January 14, 2020January 14, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. To kick off the new year, here’s a bit of typical “We Japanese are Unique” narrative maintenance — that for once isn’t going unchallenged. Because this year, there’s an official leg for protests to stand on. Read on:

///////////////////////////////////////////////////////

Aso apologizes if ‘single-race nation’ remark misunderstood
Asahi Shimbun, By MASAHIRO KAKIHANA/ Staff Writer
January 14, 2020, Courtesy of lots of people
http://www.asahi.com/ajw/articles/AJ202001140019.html

Finance Minister Taro Aso on Jan. 14 sort of apologized for saying Japan has been a single-race nation for more than two millennia, a remark that ignored the existence of the Ainu people and other ethnic groups.

His remark also conflicted with the government’s policy, approved by the Cabinet in September, to make efforts to support the Ainu people and eradicate discrimination against them.

“If my remarks caused a misunderstanding, I apologize and will correct them” Aso said after a Cabinet meeting in Tokyo. “I have no intention of denying the government’s policy.”

After more than a century of forced assimilation and discrimination, the Ainu people were finally recognized as indigenous under legislation enacted in May 2019.

But Aso apparently forgot about that legislation when he gave a speech at a Jan. 13 meeting with his supporters in his electoral turf of Nogata, Fukuoka Prefecture.

“There is no other nation but (Japan) where a single race has spoken a single language at a single location and maintained a single dynasty with a single emperor for over 2,000 years,” said Aso, who is also deputy prime minister. “It is a great nation.”

Aso also brought up the Japanese team’s impressive performance at the Rugby World Cup last year, saying, “As it turned out, Japan became ‘one team’ by mixing various nations.”

He made the same “single-race nation” remarks at another meeting held in Iizuka, Fukuoka Prefecture, on the same day.

In 2005, Aso, who was then minister of public management, home affairs, posts and telecommunications, made very similar statements, which drew protests from the Hokkaido Utari Association, now the Ainu Association of Hokkaido.

Chief Cabinet Secretary Yoshihide Suga on Jan. 14 said of Aso’s latest remarks: “I heard that (he) has no intention of denying the government’s policy concerning the Ainu people.”
ENDS

///////////////////////////////////////////////////////

COMMENT: Now, watching an LDP dinosaur making statements like this (who keeps getting re-elected) is frustrating as hell. However, a) it’s refreshing that he “sort of apologized” (we’ve had plenty of these fossilized statements in the past not even getting that much, or even being doubled-down upon by bonafide bigots who nevertheless get re-elected); and b) we have official policy enacted last year (as noted in my annual JT Top Ten Human Rights List for 2019) that has declared the Ainu an indigenous people, meaning that Japan is now officially a multiethnic country. Even Asole himself wasn’t going to (officially) contradict that.

Again, it’s a bit too much to expect an electorate like Japan’s (one that generally only backs winners, as can be seen in six decades of rule by the same corrupt and morally-bankrupt political party) to vote out somebody on a controversy that few care about. (After all, sadly, how many in Fukuoka give a toss about long-vanquished aborigines in faraway Hokkaido? Not enough to reach a critical voting mass in 2005.)

What we can do to “bright-side” this event is to note that the unproblematized “monoethnic-pure-race” narrative was indeed challenged. In public and in the media. Successfully enough to get a sort-of public backpedaling. Which was one of the reasons for establishing that official recognition in the first place. Good news, sort of. Debito Arudou Ph.D.

My Japan Times JBC column 117: The annual Top Ten for 2019 of human rights issues as they affected NJ residents in Japan, Jan 6, 2020

Posted on January 6, 2020January 20, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog and Happy New Year. Here’s my Annual Top Ten for The Japan Times. Thanks for putting this column in the Japan Times Top Five for several days running!

Let’s start with some Bubbling Unders/Notable Obits with didn’t make the cut for space concerns, and excerpt the rest. Debito Arudou Ph.D.

ISSUES | JUST BE CAUSE
‘Low IQ’ kids, parental rights and problematic terminology dogged Japan’s international community in 2019
BY DEBITO ARUDOU, Column 117 for the Japan Times Community Page, January 6, 2020
https://www.japantimes.co.jp/community/2020/01/06/issues/japan-international-community-2019/

For over a decade, Just Be Cause has recapped the previous year’s biggest human rights and human rights-related issues that have affected the non-Japanese community in Japan.

With the start of a new decade upon us, I thought it would be appropriate to mix a little of what was going on in 2019 and connect it to the broader topics that came up during the 2010s. Some are victories, some are losses — some are dangerous losses — but all of the entries below (in ascending order) are at the very least highly relevant to all of us.

Bubbling under:
• The Ainu Recognition Law passes last February, meaning Japan is officially multiethnic.
• Donald Keene, scholar who opened Japanese literature to the world but senselessly portrayed fellow NJ residents as criminals and cowards, dies aged 96.
• Sadako Ogata, UN superstar for refugees who did surprisingly little for refugees in Japan, dies aged 92.
• Yasuhiro Nakasone, assertive former Prime Minister with a history of claiming Japan’s superior intelligence due to a lack of ethnic minorities, and of operating wartime “comfort women” stations, dies aged 101.
• Shinzo Abe becomes Japan’s longest-serving Prime Minister.

10) Otaru onsen, 20 years on

In September 1999, several international couples (including myself) tried to take a public bath at an onsen (hot-spring bath) in Otaru, Hokkaido, but were met with a “Japanese Only” sign rather than friendly customer service. The people who looked insufficiently “Japanese” (including myself and one of my daughters) were refused entry, while those who did (including a Chinese foreign resident) were allowed in.

The same onsen refused me entry again even after I became a Japanese citizen, and a group of us took them to court. The case, which went all the way to Japan’s Supreme Court, found the onsen guilty of “discriminating too much,” while the city of Otaru — which was also sued for not enforcing the United Nations Convention on Racial Discrimination that Japan had ratified in 1996 — was found not liable.

Twenty years later, “Japanese Only” signs are still posted in places and Japan is still not living up to its international treaty commitments, with no national law protecting non-Japanese communities from racial discrimination.

9) Diversity in sports…

See if your favorite issue made the Top Ten (yes, Ghosn did, again). Read the rest at https://www.japantimes.co.jp/community/2020/01/06/issues/japan-international-community-2019/

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Debito.org’s stance on the Carlos Ghosn Case, at last: A boardroom coup making “thin legal soup” that might shame Japan’s “hostage justice” judicial system into reform

Posted on December 31, 2019December 31, 2019 by Debito Arudou, Ph.D.

mytest

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ED’S NOTE DEC 31, 2019: UPDATING THIS POST FROM FEB 2019 BECAUSE OF CARLOS GHOSN’S REEMERGENCE IN BEIRUT, HAVING SOMEHOW ESCAPED FROM THE CLUTCHES OF THE JAPANESE JUDICIARY. THE BEST ARTICLE I’VE FOUND ON THIS EVENT IS ON THE DAILY BEAST HERE.

DEBITO.ORG HAS COME DOWN DECISIVELY IN FAVOR OF GHOSN’S ESCAPE, AS CH 6 OF BOOK “EMBEDDED RACISM” DEPICTS JAPAN’S JUDICIARY AS DECIDEDLY AGAINST JUSTICE FOR NJ CAUGHT IN THEIR “HOSTAGE JUSTICE” SYSTEM. FACT IS, GHOSN NEVER STOOD A CHANCE OF A FAIR TRIAL, ESPECIALLY IN LIGHT OF ALLEGATIONS THAT HAVE SURFACED LATER THAT INDICATE NISSAN’S OWN (JAPANESE) CEO IS JUST AS GUILTY OF SIMILAR “CRIMINAL BEHAVIOR” THAT DID NOT RESULT IN ARRESTS.

READ ON FOR THE REASON WHY DEBITO.ORG BELIEVES THE GHOSN CASE WAS A FLIMSY ONE FROM THE START. AND HAPPY NEW YEAR. — Debito Arudou Ph.D.

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Hi Blog. Debito.org has been holding back on commenting on the Carlos Ghosn arrest. A former president of Nissan and Mitsubishi, Ghosn was a hero in many circles for saving the formerly struggling Japanese automakers and making them world players again. (Disclosure: I’ve owned a number of Nissans, and found their quality improved over the years.) So imagine everyone’s surprise (not the least his) when he’s returning from an overseas meeting last November and suddenly gets arrested at Haneda Airport (along with a fellow NJ associate), and thrown in the clink without trace for the standard 48 hours without charge, then a couple of ten-day periods before re-arrest and repeat.

The reason Debito.org has been holding back is because, well, actually, what happened to Ghosn after arrest is not all that surprising from a jurisprudential perspective. This could happen to anyone regardless of nationality (excepting the general denial of bail for NJ). And I personally have to admit feeling just a shade of schadenfreude for a filthy-rich one-percenter getting taken down a peg.

Truth is, I wanted to see if he’d get the standard treatment afforded most perps in Japan — a few weeks, months, or even more than a year of disappearing while being put under constant duress until you sign a confession (aka “hostage justice“). Plus the standard treatment given NJ under arrest — an additional presumption of a lack of human rights for foreigners. More on all that in my book Embedded Racism, Ch. 6, “A Chinaman’s Chance in Japanese Court”. I did comment on Ghosn for The Japan Times in my annual year-end round-up Just Be Cause column (published version here, “Director’s Cut” here).

Well, Ghosn has gotten the treatment. Except for the fact he’s been able to communicate with the media in high-profile interviews. More on that below. So here’s Debito.org’s long-awaited comment about the Ghosn Case (from that “Director’s Cut”):

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DEBITO.ORG COMMENTS: The former CEO of Nissan and Mitsubishi motors (but remaining as CEO at Renault), Ghosn was arrested last November and indicted in December for inter alia allegedly underreporting his income for tax purposes. As of this writing, he remains in police custody for the 23-day cycles of interrogations and re-arrests, until he confesses to a crime.

This event has been well-reported elsewhere, so let’s focus on the JBC issues: Ghosn’s arrest shows how far you can fall if you’re foreign. Especially if you’re foreign.

One red flag was that the only two people arrested in this fiasco have been foreign: Ghosn and his associate, Greg Kelly. Kelly is now out on bail due to health concerns. But where are the others doing similar malfeasances? According to Reuters, Kobe Steel underreported income in 2008, 2011, and 2013, and committed data fraud for “nearly five decades.” Same with Toray and Ube Industries, Olympus, Takata, Mitsubishi Materials, Nissan, and Subaru.

Who’s been arrested? Nobody but those two foreigners.

And Japan’s judicial system has a separate track for NJ suspects, including harsher jurisprudence for NJs accused of crimes, lax jurisprudence for NJ victims of crimes, uneven language translation services, general denial of bail for NJ, an extra incarceration system for subsequent visa violations while in jail, and incarceration rates for NJs four times that for citizens. (See my book Embedded Racism, Ch. 6.)

Most indicative of separate and unequal treatment is that some of the accusations, which fall under a statute of limitations of seven years under the Companies Act, are still applicable. Prosecutors have argued that statutes do not apply to Ghosn because he spent time overseas. Apparently even the passage of time is different for foreigners, because the clock stops if they ever leave Japan!

It’s Debito.org’s view that this is a boardroom coup. The Wall Street Journal has reported that Ghosn was planning to oust a rival, Hiroto Saikawa, who has since taken Ghosn’s place as CEO. A similar thing happened to at Olympus in 2011, when CEO Michael Woodford broke ranks and came clean on boardroom grift. He was fired for not understanding “Japanese culture,” since that’s the easiest thing to pin on any foreigner.

But in Woodford’s case, he was fired, not arrested and subjected to Japan’s peculiar system of “hostage justice” police detention, where detainees are denied access to basic amenities (including sleep or lawyers) for weeks at a time, and interrogated until they crack and confess, with more than 99% conviction rates.

The good news is that finally overseas media is waking up to what Japan’s Federation of Bar Associations and the UN Committee Against Torture have respectively called “a breeding ground for false charges” and “tantamount to torture.” Funny thing is, if this had happened in China, we’d have had howls much sooner about the gross violations of Ghosn’s human rights.

(Source on “statute of limitations does not apply:” “Japan’s Companies Act has a statute of limitations of seven years. Prosecutors argue this does not apply due to the amount of time Ghosn has spent outside the country.”
https://asia.nikkei.com/Business/Nissan-s-Ghosn-crisis/Ghosn-rearrested-for-alleged-aggravated-breach-of-trust
Other irregularities noted in the JT by Glen Fukushima: https://www.japantimes.co.jp/opinion/2018/12/20/commentary/japan-commentary/seven-questions-ghosn-nissan/)

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Well, the news is now Ghosn’s case has been picked over by the media (the charges are being called “thin soup” below). And Ghosn’s high-profile status has enabled him to get a high-profile interview with the Nikkei newspaper below (for fifteen minutes, with a five-minute extension). Few if any other people incarcerated in this system have this much ability to draw attention and make their case to the public.

Moreover, since Ghosn’s Japanese language abilities are probably not at the level of the language in his interview, it’s reasonable to assume the interview was in English. In my direct experience in dealing with other incarcerated foreigners, if they talk with anyone they must do it with a guard present, and they must speak in Japanese at all times so the guard can understand what’s being said. Ghosn’s ability to get around that rule seems to be another trapping of his privilege.

That’s a bit annoying. But if it eventually shines light on an abuse of the Japanese judicial system in specific (i.e., uneven enforcement of the law), and shames Japan into reforming its “hostage justice” interrogation system in general, then some good may come of it.

In the end, the Ghosn Case, on top of the the Woodford Case, remain excellent reasons why foreigners shouldn’t hope to become executives in Japanese companies. One boardroom coup later by the nativists, you could be in jail for being CEO while foreign. Debito Arudou, Ph.D.

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NISSAN’S GHOSN CRISIS
Exclusive interview: Ghosn says ‘plot and treason’ led to arrest
Ex-Nissan chief claims rivals wanted to ‘get rid’ of him
Nikkei Asian Review, Nikkei staff writers, January 30, 2019
https://asia.nikkei.com/Business/Nissan-s-Ghosn-crisis/Exclusive-interview-Ghosn-says-plot-and-treason-led-to-arrest

In his first interview since being detained on Nov.19, ousted Nissan Chairman Carlos Ghosn claimed that certain people had “distorted reality” for the purpose of “getting rid of him.”

TOKYO — Former Nissan Motor Chairman Carlos Ghosn told Nikkei in an exclusive interview Wednesday that he had “no doubt” that the charges against him were the result of “plot and treason” by Nissan executives opposed to his plan for deeper integration between Renault and its two Japanese alliance partners.

Speaking on the 10th floor of the Tokyo Detention House, dressed in a black fleece jacket and gray sweatpants, Ghosn acknowledged that “there was a plan to integrate” Renault, Nissan and Mitsubishi Motors. The plans had been discussed with Nissan President Hiroto Saikawa in September, he added.

In his first interview since being detained on Nov. 19, Ghosn claimed that he had wanted to include Mitsubishi Motors CEO Osamu Masuko in the talks, but “Saikawa wanted it one-on-one.”

Once the three automakers were more closely integrated, Ghosn wanted to ensure there would be “autonomy under one holding company,” he said, adding that this plan was in line with how he had operated the alliance in past years.

Allies of Ghosn’s have argued that some Nissan executives feared a further concentration of power under his leadership, prompting them to cooperate with Tokyo prosecutors.

Nikkei had been requesting a one-on-one interview with Ghosn since his arrest last year. The approval was granted this week.

Ghosn was allowed by the Tokyo District Court to speak with Nikkei. Media interviews with prominent business leaders in detention are extremely rare in Japan.

“We don’t have much time. Let’s get started,” Ghosn said at the beginning of the interview from behind the acrylic glass partition. As the end of the allotted 15 minutes approached, he asked the officer for “a little more” time, and was granted a five-minute extension.

The Brazilian-born tycoon has dismissed accusations that his 19-year reign at Nissan was a “dictatorship,” saying this was a narrative created by rivals who wanted to remove him. “People translated strong leadership to dictator, to distort reality” for the “purpose of getting rid of me,” he added.

Ghosn has been held without bail for more than 70 days since Tokyo prosecutors arrested him on allegations of financial misconduct.

He was charged with underreporting his salary over several years, and aggravated breach of trust for allegedly transferring to Nissan personal trading losses from foreign exchange contracts.

The breach-of-trust charges center on $14.7 million in payments to a company run by Saudi businessman Khaled al-Juffali.

He denied the accusations and claimed “the executive in charge of the region signed [the approval].”

The payment was made from Ghosn’s “CEO reserve,” a pot of money that he was free to decide how to spend. He said the “CEO reserve is not a black box” and “four officers signed” for the payment to al-Juffali.

Ghosn is also accused of receiving 7.82 million euros ($8.9 million) in improper payments through Nissan-Mitsubishi B.V., a Netherlands-based joint venture between the two Japanese companies. He said the venture was established for “synergy and not for payment,” adding that the claims of improper payments were a “distortion of reality.”

Ghosn said his purchase of luxury properties in Rio de Janeiro and Beirut — which Nissan alleges were paid for improperly through a subsidiary — were approved by the legal department. Pointing to a former loyalist and long-time executive in the legal department, Ghosn said: “Hari Nada has done all this.”

He justified the houses on the grounds that he “needed a safe place where [he] can work and receive people in both Brazil and Lebanon.”

“[Have I] done [something] inappropriate? I am not a lawyer, I don’t know the interpretation of [such] facts,” Ghosn said, showing his frustration over Nissan’s internal investigation.

“These are known by everybody, why didn’t they tell me?”

Ghosn, whose second bail request was rejected Jan. 22, insisted that he was not a flight risk and he would not destroy evidence.

“I won’t flee, I will defend [myself],” he added. “All the evidence is with Nissan, and Nissan forbids all employees to talk to me.”

When asked about life in the detention center, Ghosn said “there is up and down.” As for his health, he simply said he was “doing fine.”

After his arrest, Ghosn appeared to have envisioned attending a Renault board meeting in Paris, explaining his position, and holding a news conference. But his prolonged detention in a Tokyo jail frustrated those plans.

Nissan dismissed Ghosn from his position as chairman in November. An extraordinary general meeting of shareholders scheduled in mid-April is expected to remove Ghosn as a director.

Ghosn resigned as chairman and CEO of Renault, and former Michelin chief Jean-Dominique Senard was appointed as the chairman.

The three members of the alliance are expected to revisit how it is operated in the absence of Ghosn’s leadership. “I cannot speculate about the future of the alliance,” Ghosn said.

The French government, Renault’s largest shareholder, has previously requested Ghosn make the relationship between the two automakers “irreversible.”

Following Ghosn’s arrest, France also informed Tokyo of an intention to press ahead with integration. Saikawa, in contrast, has insisted there is “no need for now to discuss [it].”

Interviewed by Nikkei commentator Atsushi Nakayama and Nikkei staff writers Akito Tanaka and Yosuke Kurabe.

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OPINION
Ghosn charges are thin soup — case for ex-Nissan boss
Prosecutors fail to make a strong case against car maker’s former chief
By Stephen Givens, Nikkei Asian Review, January 29, 2019
https://asia.nikkei.com/Opinion/Ghosn-charges-are-thin-soup-case-for-ex-Nissan-boss

Two months after his arrest at Haneda Airport and confinement at Kosuge detention center, we now have a good picture of the criminal case against Carlos Ghosn-and it looks like pretty thin soup.

As reported in the media, the evidence shows not criminal malfeasance, but at most lapses in judgment and corporate protocol that ultimately did not result in any actual harm to Nissan Motor or its shareholders or personal enrichment of Ghosn.

The criminal case turns on a series of technical and subjective judgments about whether the words of the relevant statutes and regulations apply to the transactions in question.

By any objective measure, the misconduct alleged was less serious than the corporate misfeasance that is routinely overlooked in Japan or handled by noncriminal administrative wrist-slapping.

The first, and for many weeks the only, criminal charge brought against Ghosn was that Nissan’s periodic securities filings disclosed just the currently payable portion of his compensation. They failed to report the portion deferred until after his retirement.

Ghosn’s motive for not wanting to report his full compensation currently-that it was embarrassingly large in relation to that of other Japanese CEOs and Ghosn’s Nissan colleagues — does not constitute serious criminal intent.

Further, the evidence indicates that Ghosn tried in good faith to structure the deferred compensation in a way that would permit him legally not to report it currently under the rules, which require current reporting of director-level compensation only to the extent the right to receive it has become “clear.”

Though the documentation has not been made public, it appears that it was structured as some kind of post-retirement consulting arrangement that would, at a minimum, require Ghosn to provide Nissan with services after retirement to collect the compensation.

It is hard to imagine that Nissan would have failed to report Ghosn’s deferred compensation over many years without professional legal advice that it did not need to be currently reported because Ghosn’s right to receive it was conditional.

It is equally hard to understand why Nissan’s Japanese management, having condoned the deferred compensation arrangement and its nonreporting for years, is now using it as the lead card in the criminal case.

Beyond this, criminal liability under the Financial Instruments and Exchange Act for false disclosure is explicitly predicated on the requirement that it be “material”- that is, it would have a significant impact on an investor’s decision to sell or buy Nissan shares.

For investors, the amount of Ghosn’s unreported deferred compensation, about $10 million per year, is clearly very small compared to Nissan’s $90 billion in annual revenues.

Meanwhile, Japan’s weak securities disclosure standards permit Nissan not to reveal information that would be much more relevant to investors, such as the terms of the “alliance” contracts between Renault, Nissan’s major shareholder, and Nissan.

It does not inspire confidence in Japan’s justice system that Ghosn’s guilt or innocence on the this charge will hinge on semantic distinctions over the meanings of “clear” and “material.”

The second criminal charge against Ghosn is for two, related claims of “aggravated breach of trust” under the Companies Act. This vaguely-worded statute imposes criminal liability on directors of a company who for personal gain “commit an act in breach of such person’s duties and causes financial damages” to the company. Typically this statute is applied to cases of embezzlement-executives taking company assets.

The first prong of the breach of trust charge has been loosely characterized in the press as “the shifting of Ghosn’s personal foreign exchange losses to Nissan” but details of the transactions disclosed by Ghosn’s lawyers show it to be less pernicious than advertised.

Ghosn entered into a foreign exchange hedging transaction with Shinsei Bank to protect his yen-denominated Nissan compensation against the risk of depreciation. Like many others he failed to anticipate the financial crisis of 2008, which sent the yen soaring and reduced the value of the Nissan securities he had offered Shinsei Bank as collateral.

Shinsei Bank asked Ghosn for additional security. Ghosn considered offering the value of his uncashed Nissan retirement allowance-but doing so would have required him actually to leave Nissan at a time he was a vital part of the management. Instead, he asked Nissan to guarantee his downside risk on the hedge, but pledged to fully cover the liability.

Critically, Ghosn’s request for help with his unexpected difficulty received formal approval by the Nissan board. Admittedly the Securities Exchange Surveillance Commission (SESC), deemed the transaction improper a few months later and ordered Nissan to get rid of the hedging contract.

So, Nissan carried a contingent liability — fully guaranteed by Ghosn — as an accommodation to its CEO for approximately four months. Nissan suffered no actual loss and was never at risk because it was fully covered by Ghosn’s retirement allowance. The transaction was not concealed; it was approved by the Nissan board and reported to the SESC, which saw no reason to request a criminal probe a decade ago.

So, you may ask, where is the crime? According to news reports, it turns out the prosecutors are not satisfied with the drafting of the board resolution. They are quibbling that the board resolution did not mention Ghosn by name and only referred generically to “foreign board members” as beneficiaries of the transaction. Moreover, the prosecutors are claiming the resolution was not specific on how Nissan was to be protected with 100% certainty against possible loss. Ghosn’s criminal liability turns almost entirely on the wording of a board resolution that Ghosn himself surely did not draft.

The second prong of the breach of trust charge relates to the subsequent transfer, in compliance with the SESC’s order, of the Shinsei Bank contract from Nissan to companies controlled by Saudi national Khaled Juffali. Nissan affiliates in the Middle East paid Juffali’s companies $14.7 million over four years for variety of “support activities” in the region. The prosecutors claim that Nissan’s money was paid for Juffali’s guarantee of Ghosn’s personal contingent liability.

It seems unrealistic, however, that anyone would pay $14.7 million of Nissan money for a guarantee of a contingent liability worth at most $16.7 million-a huge overpayment.

This strongly suggests that Juffali’s companies were being paid for doing more than simply backing Ghosn’s Shinsei liability. The more commercially-likely scenario is more innocuous, one in which Ghosn asked a friendly business counterparty to assume an essentially riskless contingent liability as a favor in the context of a long-term business relationship. This represents the kind of mutual exchange between companies with long-term relationships practiced daily by the Japanese corporate establishment.

No question, a more scrupulous and careful executive would have avoided pushing the gray boundaries of the law. But nothing we know that Ghosn allegedly did smells like a serious crime deserving prison. That he remains in confinement while the prosecutors argue semantics to deprive him of his freedom places Japan’s criminal justice system in an awkward light.

Stephen Givens is a corporate lawyer based in Tokyo.

ENDS

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Reuters: Japanese police urged to take “light-touch” towards NJ during Japan 2019 Rugby World Cup. Yeah, sure.

Posted on October 4, 2019October 4, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. It turns out Japan has earned a reputation from past experiences hosting international events.

The racism-riddled debacles that were the soccer World Cup 2002 and the G8 Summits (here and here) made me question whether Japan as a society (let alone its politicians and police) was mature enough to handle any temporary influx of NJ, let alone as visa-legal NJ workers and residents of Japan.

But it seems it wasn’t just me. Some months ago, the Rugby World Cup and staff from two embassies actually cautioned the Japanese police to ease up on their overzealousness towards NJ. As previous blog entries have shown, it’s questionable whether they are actually doing that (as they are bending the law to encourage racial profiling at hotels etc.).

But the following article deserves to be recorded on Debito.org because it shows at least somebody out there is taking notice, despite all the official “omotenashi” wallpapering over Japan’s latent exclusionism that goes ignored, if not encouraged, by Japanese authorities. I look forward to seeing what the International Olympic Committee has to say in Tokyo in a year. Debito Arudou Ph.D.

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Rugby – Japan police urged to take ‘light-touch’ approach at World Cup
REUTERS APRIL 18, 2019, By Jack Tarrant, courtesy of JDG
https://www.reuters.com/article/uk-rugby-union-worldcup-police-interview-idUKKCN1RV079

TOKYO (Reuters) – Japanese police have been encouraged to take a “light-touch approach” during the Rugby World Cup, with organisers telling Reuters they had visited host cities to emphasise that while fans will be boisterous they are unlikely to cause trouble.

More than 400,000 foreign fans are expected to descend on Japan for the Sept. 20 to Nov. 2 tournament and concerns have been raised that police might not have enough experience to deal with the influx.

Staff from two embassies have expressed concern to Reuters that police may overreact to perceived intimidation from fans.

Mick Wright, 2019 executive director for operations, said host cities had received briefings on what to expect and that organisers had downplayed concerns about unruly fans.

“We have been on a bit of a mission, we have had a roadshow going around all the cities talking about … rugby fans and what they expect from their behaviour,” Wright told Reuters.

Wright, who also works as a technical advisor to the International Olympic Committee, said host cities would be swamped by large numbers of fans drinking huge quantities of alcohol but that the mood would be a positive one.

“We have been explaining to all the cities that they better stock up on beer because we know from history that rugby fans will drink a lot,” he said.

“It is part and parcel of rugby’s ethos and culture.

“The way the fans behave, it might be loud and it might be raucous but it won’t be intimidating.

“With the police, I think we have been really successful in explaining to them that the light-touch approach is going to be better,” added Wright.

Yoshiya Takesako, Japan 2019 director of security, said the police had been told what to expect from fans and how to react.

“Rugby fans may seem scary but they are not,” said Takesako, who has been seconded from the Japanese police.

“This has been explained to the police so they have been educated that fans will drink a lot and may sing or be loud but it is not like they will hurt anybody.

“I have told the police forces many, many times to respond to fans in a reasonable way.”
ENDS

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Sept. 19, 1999: 20th Anniversary of the Otaru Onsens Case today: Kindle eBooks “Japanese Only” and “Guidebook” are now downloadable for (almost) free

Posted on September 18, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. September 19, 1999 was a watershed day in my life, when my family, friends, and I visited the “Japanese Only” Otaru public baths and exposed discrimination in Japan incontrovertibly as racial in nature.

It has been exactly twenty years to the day since then, and not enough has changed. People (including Japanese citizens) are still being refused services in Japan based upon whether they “look foreign”. The police still engage in racial profiling as standard operating procedure to ferret out “illegal foreigners”. There still is no law against racial discrimination in Japan’s Civil or Criminal Code.

Japan remains a signatory to the UN Convention on Racial Discrimination, where it promised (since 1995) to “undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms“. Nearly a quarter-century later, this clearly has not happened.

All of this has been charted and cataloged in great detail in my book “Japanese Only: The Otaru Hot Springs Case and Racial Discrimination in Japan“.

To commemorate twenty years of GOJ negligence following a case that changed the dialog on discrimination in Japan, my “Japanese Only” Kindle eBook is now free to download on Amazon.com.

Well, nearly free. Amazon requires that I charge something, unfortunately. The minimum price is 99 cents US. So I’ve set that price for the book in all countries effective immediately.

Similarly, my book for how to cope with life in Japan and make a good living here, “Guidebook for Relocation and Assimilation into Japan”, is now also nearly free. 99 cents.

Go download and enjoy both. And may the lessons of the Otaru Onsens Case reverberate and help everyone in Japan have equal access to public goods and facilities. Debito Arudou, Ph.D.

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“Visible Minorities”: My first monthly column for the Shingetsu News Agency, Aug 19, 2019 (FULL TEXT)

Posted on August 19, 2019December 29, 2020 by Debito Arudou, Ph.D.

mytest

Hi Blog. Welcome back from a Summer Break. I’m pleased to announce that I have a new monthly column at the progressive Shingetsu News Agency, the only place left (following the rightward editorial shift at The Japan Times) offering independent journalism on Japan in Japan.

Here’s an excerpt, where I stake out what the column space will be about:

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Visible Minorities: Debito’s New Column for the Shingetsu News Agency

SHINGETSU NEWS AGENCY, AUG 19, 2019 by DEBITO ARUDOU in COLUMNS
http://shingetsunewsagency.com/2019/08/19/visible-minorities-debitos-new-column-for-the-shingetsu-news-agency/

My name is Debito Arudou (or Arudou Debito, if you prefer), that guy from Sapporo who started writing about Japan from the early 1990s on a long-dead mailing list called the Dead Fukuzawa Society. I wrote so much there that I decided to archive my writings on a webpage. Debito.org soon blossomed into an award-winning reference site on life and human rights in Japan, and later a platform for newspaper articles and fieldwork research on racial discrimination.

After moonlighting at places like the now-defunct Asahi Evening News and Japan Today, I began writing in 2002 a column for Japan Times, first under Zeit Gist and then Just Be Cause.

Decades later, here we are with a new monthly column at the Shingetsu News Agency, under the title Visible Minorities.

I chose this title for two reasons.

The first is because my doctoral research, and most recent book, was on “visible minorities,” a term used by academics, and even the Canadian government, to discuss a more subtle form of discrimination. It is used when a minority is treated differently by a society, even if they formally have the same legal rights as fellow residents and citizens, because they don’t look physically the same as the majority group in that society.

In Japan, this term is especially useful because our hegemonic national narrative claims that Japan is monocultural, monoethnic, and homogeneous. In other words, Japan allegedly has no minorities. But, of course, it does: the Ainu, the Uchinanchu, the “Zainichi” ethnic Koreans and Chinese, the Burakumin, foreign residents, and naturalized citizens.

Naturally, academia and the Japanese government have habitually promoted the fiction that Japan has no racial discrimination because Japan has no “races.” After all, Japan’s minorities are supposedly indistinguishable from the Japanese majority.

In other words, since everyone allegedly “looks Japanese,” Japanese racism is somehow different—it’s not a matter of skin color, so therefore it’s not the real racism found in other countries.

But what about those foreigners and naturalized Japanese citizens like myself who do have a different skin color? They are ignored because they’re apparently too small a number to really count, or they’re here by choice and therefore somehow aren’t really part of Japan.

Nowadays, Non-Japanese residents make up about 2.1% of the total population of these islands, and the demographic trends reveal clearly, as the Japanese population ages and decreases, that this proportion will continue to rise in the decades ahead.

And yet, still overlooked are the people—including the Japanese born from the hundreds of thousands of international couples—who are sometimes refused entry to bathhouses, shops, restaurants, hotels, hospitals, schools, colleges, or other places offering licensed services to the public.

That’s why the term “visible minorities” matters. All you need to be treated unequally in many cases is to look foreign, and this is an issue that Japan needs to better grapple with at both the social and political level.

A second, related reason why I chose this term as the column’s title is because minorities in Japan, as noted above, have in fact been made invisible for quite some time.

This wasn’t always the case. Prewar Japan once prided itself on how ethnically diverse it was. Interbellum Japan had a sizable foreign-born population, and offered imperial citizenship to the peoples it colonized. Indeed, the Japanese government even claimed it was unique in colonizing peoples without the trappings of racial discrimination. Japan’s Pan-Asianism was better than the yoke of White Imperialism, they argued, because everyone being liberated was of the same Asian “race.”

Of course, a colonizer is still a colonizer, and minorities in Japan back then, as anywhere, not only endured exploitation, but also faced extra hurdles as Pan-Asians to “prove” themselves loyal subjects of Japan. This included conscription into the Japanese military and collaboration in the often brutal subjugation of their homelands.

When the Japanese Empire disappeared after the Pacific War, so allegedly did all the minorities in Japan. The subjects of empire were stripped of their Japanese citizenship and given marching orders to go back overseas. They could only remain in Japan with their investments if they took jobs on Japan’s economic peripheries (such as pachinko parlors or the criminal underworld), or if they registered as potentially subversive elements to the state (with criminal penalties for not carrying fingerprinted identification at all times). Putting them on a separate “foreign registry” system also enabled the government to exclude “foreigners” from Japan’s official population tallies—making them statistically invisible. The homogeneous Japanese ethnostate was a postwar invention.

But in this increasingly globalized world, Japan’s minorities need to become visible again. This column will highlight the underrepresented minorities, unpacking what keeps them disenfranchised from “mainstream” debate and dialog.

In the English-language news media, where foreign residents had a voice going back to the late 19th century, the trend has actually been in the direction of increased marginalization. Hardly ever do Non-Japanese get to create their own public image.

First you have the vanity-press English versions of the major newspapers: Asahi, Yomiuri, and Mainichi, which have long ago purged their ranks of actual foreign reporters doing original reporting.

Then there is the rightwing Fujisankei Communications Group, which bought up the foreigner-founded Japan Today and shifted its editorial bent away from foreign voices and toward Japan boosterism. That doesn’t even touch on the content of the unspeakable Japan Forward.

The once last-man-standing Japan Times has famously changed its tone under the new ownership that arrived in 2017, firing several of its major columnists who were critical of the government, and adopting officially-sanctioned terminology about historical events that adhere to an ahistorical line.

Other media run by minorities and Non-Japanese, including ethnic newspapers, newsletters, and websites, sadly have little reach and minimal impact on Japanese society.

Let’s try to change that. I look forward to writing for a Shingetsu News Agency that challenges the stale conventions and speaks truth to power. The point is to increase the visibility of minorities, and to assist Japanese of goodwill in dismantling the systems that keep them disenfranchised.

Thank you for reading me over the years. Let’s do some more good work.

ENDS

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Read the full text also at
http://shingetsunewsagency.com/2019/08/19/visible-minorities-debitos-new-column-for-the-shingetsu-news-agency/

Enjoy. Let’s hit the last three months of this year running, and help reverse the tide of xenophobia that has swept liberal democracies worldwide. Debito Arudou Ph.D.

Book “Embedded Racism in Japan”, acclaimed as “important, courageous and challenging” and “a must-read” by prominent academic journals, now discounted to $34.99 if bought through publisher directly, using promo code LEX30AUTH16

Posted on August 1, 2019August 10, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” has been receiving acclaim. Prominent Japan Scholar Tessa Morris-Suzuki calls it “important, courageous and challenging“, the Pacific Affairs journal finds it “a timely and important contribution to social and scholarly debates about racial discrimination in Japan“, the Japan Studies Association of Canada says it is “an important contribution to geography, cultural and area studies“, and the Sociology and Ethnic Studies imprint of the American Sociological Association calls it “a brave critique of Japanese society and its failure to look outward in its demographic and economic development, … as it makes an important contribution for those wishing to understand racism in Japan better… The book would easily suit courses that address global conceptions of race and ethnicity and how these are changing in Japan at both the micro and macro levels because of globalization.”

Dr. Robert Aspinall in a review in Social Science Journal Japan concludes:

“There are important academic contributions to the study of racism in Japan in this book, but it is as a must-read text on the crisis facing the shrinking Japanese population and its leaders that it really leaves its mark. Embedded Racism is highly recommended reading to anyone—whether they self-identify as Japanese or foreign or both—who is interested in Japan’s future.” (read more)

“Embedded Racism” has been discounted 30% for a limited time to $34.99 in paperback and Kindle if bought through my publisher (Lexington Books/Rowman & Littlefield) directly.

Go to https://rowman.com/ISBN/9781498513906/Embedded-Racism-Japan’s-Visible-Minorities-and-Racial-Discrimination and use promo code LEX30AUTH16. (Japan residents have reported getting the book in about a week for $40 including quick shipping.)

More information and reviews on the book at https://www.debito.org/embeddedracism.html.

Download a book flyer and order form at https://www.debito.org/EmbeddedRacismPaperbackflyer.pdf

More than 130 of the world’s major research libraries (including Harvard, Princeton, Yale, Stanford, Cornell, Columbia…) have in its first year of publication made “Embedded Racism” part of their collections (according to WorldCat). Add it to yours!

Thanks very much as always for reading! Debito Arudou Ph.D.

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

Posted on July 9, 2019July 9, 2019 by Debito Arudou, Ph.D.

mytest

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

So here are the highlights on issues pertaining to Debito.org. As you can see, a lot of information is glossed over. Read the Report on Japan in its entirety here. Debito Arudou Ph.D.

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2018 Country Reports on Human Rights Practices: Japan

MARCH 13, 2019

Courtesy https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/japan/

Highlights:

Section 1. Respect for the Integrity of the Person

Prison and Detention Center Conditions:
Prison management regulations stipulate that independent committees inspect prisons and detention centers operated by the Ministry of Justice and detention facilities operated by police. Authorities permitted the committees, which include physicians, lawyers, local municipal officials, and local citizens, to interview detainees without the presence of prison officers.

By law third-party inspection committees also inspected immigration detention facilities, and their recommendations generally received serious consideration.

Domestic and international NGOs and international organizations continued to note that this process failed to meet international prison inspection standards. As evidence, they cited the Justice Ministry’s control of all logistical support for the inspection committees, the use of ministry interpreters during interviews with detainees, and a lack of transparency about the composition of the committees.

[More on what’s been glossed over about detention centers etc. here.]

D. ARBITRARY ARREST OR DETENTION

The law prohibits arbitrary arrest and detention. Civil society organizations reported on ethnic profiling and surveillance of foreign Muslims by the police, according to the August report by the UN Committee on the Elimination of Racial Discrimination.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Public Safety Commission, a cabinet-level entity, oversees the National Police Agency (NPA), and prefectural public safety commissions have responsibility for local police forces. The government had effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year. Some NGOs criticized local public safety commissions for lacking independence from or sufficient authority over police agencies. […]

The Japan Federation of Bar Associations continued to allege that suspects confessed under duress, mainly during unrecorded interrogations, calling for recording entire interrogations for all cases. Prosecutors’ offices and police increasingly recorded entire interrogations for heinous criminal cases, cases involving suspects with intellectual or mental disabilities, and other cases on a trial basis; however, recording was not mandatory, and there was no independent oversight of this practice.

Police inspection offices imposed disciplinary actions against some violators of interrogation guidelines, although the NPA did not release related statistics. […]

[More on what’s been glossed over about police interrogation tactics here.]

ARREST PROCEDURES AND TREATMENT OF DETAINEES
Pretrial Detention
Because judges customarily granted prosecutors’ requests for extensions, pretrial detention, known as daiyou kangoku (substitute prison), usually continued for 23 days. NGOs reported the practice of detaining suspects in daiyou kangoku continued. NGOs and foreign observers continued to report that access to persons other than their attorneys and, in the case of foreign arrestees, consular personnel, was denied to some persons in daiyou kangoku. Nearly all persons detained during the year were held in daiyou kangoku. Beyond daiyou kangoku, extended pretrial detention of foreign detainees was a problem; examples included one person held more than 27 months (as of September) and several held for more than a year without trial. In these cases, prosecutors changed multiple times, trial dates were rescheduled and delayed, and prosecutors continued to request “additional time” to investigate matters that, according to the defendant’s counsel, did not warrant the trial’s further delay or additional preparatory pretrial meetings, which are common for jury system cases. […]

Each charged individual has the right to a trial without undue delay (although foreign observers noted trials may be delayed indefinitely for mentally ill prisoners, and extended pretrial detention of foreign detainees was a problem); to access to defense counsel, including an attorney provided at public expense if indigent; and, to cross-examine witnesses. There is a lay-judge (jury) system for serious criminal cases, and defendants may not be compelled to testify against themselves. Authorities provided free interpretation services to foreign defendants in criminal cases. Foreign defendants in civil cases must pay for interpretation, although a judge may order the plaintiff to pay the charges in accordance with a court’s final decision.

[More on what’s been glossed over about police pretrial detention here.]

Section 2. Respect for Civil Liberties
A. FREEDOM OF SPEECH AND PRESS

Freedom of Expression:
According to media and NGO reports, incidents of hate speech against minorities and their defenders, in particular, on the internet, grew. The national law on hate speech applies only to discriminatory speech and behavior directed at those who are not of Japanese heritage and is limited to educating and raising public awareness among the general public against hate speech; it does not carry penalties. Prosecutors have instead used another law on libel to prosecute an extremist group for hate speech, as discussed below. Additionally, on the local-government level, Osaka City and Kyoto Prefecture, where nationalist groups have frequently staged public anti-Korea events near “Korea Town” neighborhoods, as well as Kawasaki City and Tokyo Prefecture, have passed their own ordinances or guidelines to regulate hate speech.

[More on hate speech laws and issues here.]

In April the Kyoto Prefectural Prosecutors’ Office indicted a former Zaitokukai (an ultranationalist organization) senior official, Hitoshi Nishimura, on libel charges for making derogatory online and public statements about the North Korea-affiliated Chosen School in Kyoto. Attorneys for the school’s owner welcomed the prosecutors’ decision to pursue a defamation charge under the Penal Code, which carries a heavier sentence than civil charges levied against other Zaitokukai members following similar incidents in 2009.

[More on the Zaitokukai and their antics here.]

D. FREEDOM OF MOVEMENT, INTERNALLY DISPLACED PERSONS, PROTECTION OF REFUGEES, AND STATELESS PERSONS

Access to Asylum:
The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Ministry of Justice introduced revised screening procedures for refugee applications on January 15 to promote granting refugee status to genuine applicants promptly while also curbing abuse of the application process. As a result, the number of approved applications from January through June, including the approval of two previously denied applications, exceeded the number of approvals granted during all of 2017. In 2017 there were 19,629 applications, 20 of which were approved (0.1 percent). From January through June 2018, the government received 5,586 applications, 22 of which were approved (0.4 percent).

Access to Basic Services:
Refugees continued to face the same discrimination patterns sometimes seen by other foreigners: reduced access to housing, education, and employment. Except for those who met right-to-work conditions, individuals whose refugee applications were pending or on appeal did not have the right to receive social welfare. This status rendered them completely dependent on overcrowded government shelters, illegal employment, or NGO assistance.

[More on issues facing Refugees in Japan here.]

Elections and Political Participation:
Participation of Women and Minorities:
Because some ethnic minority group members are of mixed heritage and did not self-identify, it was difficult to determine their numbers in the Diet, but a number were represented.

[Well, that’s short and under-researched. Try here, here, and here, for a few more insights.]

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

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were usually cooperative and responsive to their views.

Government Human Rights Bodies:
The Justice Ministry’s Human Rights Counseling Office had 311 offices across the country. Approximately 14,000 volunteers fielded questions in person, by telephone, or on the internet and provided confidential consultations. Counselling in any of six foreign languages was available in 50 offices. These consultative offices fielded queries, but they do not have authority to investigate human rights violations by individuals or public organizations, provide counsel, or mediate. Municipal governments had human rights offices that dealt with a range of human rights problems.

[That too is under-researched. These “human rights offices” hardly “deal” with problems effectively at all.]

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

International Child Abductions:
The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

[Seriously, that’s all they say. Rubbish.]

National/Racial/Ethnic Minorities:
Minorities experienced varying degrees of societal discrimination.

Despite legal safeguards against discrimination, foreign permanent residents in the country and nonethnically Japanese citizens, including many who were born, raised, and educated in the country, were subjected to various forms of entrenched societal discrimination, including restricted access to housing, education, health care, and employment opportunities. Foreign nationals as well as “foreign looking” citizens reported they were prohibited entry, sometimes by signs reading “Japanese Only,” to privately owned facilities serving the public, including hotels and restaurants. Although such discrimination was usually open and direct, NGOs complained of government failure to enforce laws prohibiting such restrictions.

Representatives of the ethnic Korean community said hate speech against them in public and on social networking sites continued. Additionally, there was no indication of increased societal acceptance of ethnic Koreans. Although authorities approved most naturalization applications, advocacy groups continued to complain about excessive bureaucratic hurdles that complicated the naturalization process and a lack of transparent criteria for approval. Ethnic Koreans who chose not to naturalize faced difficulties in terms of civil and political rights and regularly encountered discrimination in job promotions as well as access to housing, education, and other benefits.

Senior government officials publicly repudiated the harassment of ethnic groups as inciting discrimination and reaffirmed the protection of individual rights for everyone in the country.

[These reporters owe it to themselves to read book “Embedded Racism“. It’s not just “societal discrimination” when racialized discrimination is embedded in the very writing of the laws. Start here at Chapter 4.]

Section 7. Worker Rights

B. PROHIBITION OF FORCED OR COMPULSORY LABOR

The law prohibits all forms of forced or compulsory labor.

Violations persisted and enforcement was lacking in some segments of the labor market, for example, in sectors where foreign workers were employed; however, in general the government effectively enforced the law. Legal penalties for forced labor varied depending on its form, the victim(s), and the law that prosecutors used to prosecute such offenses. Not all forms of forced or compulsory labor were clearly defined by law, nor did they all carry penalties sufficient to deter violations. For example, the law criminalizes forced labor and prescribes penalties of up to 10 years’ imprisonment, but it also allows for fines in lieu of incarceration. NGOs argued that reliance on multiple and overlapping statutes hindered the government’s ability to identify and prosecute trafficking crimes, especially for cases involving forced labor with elements of psychological coercion.

Reports of forced labor continued in the manufacturing, construction, and shipbuilding sectors, largely in small- and medium-size enterprises employing foreign nationals through the Technical Intern Training Program (TITP). This program allows foreign workers to enter the country and work for up to five years in a de facto guest worker program that many observers assessed to be rife with vulnerabilities to trafficking and other labor abuses.

Workers in these jobs experienced restrictions on freedom of movement and communication with persons outside the program, nonpayment of wages, excessive working hours, high debts to brokers in countries of origin, and retention of identity documents. For example, women from Cambodia and China recounted long hours, poor living conditions, restricted freedom of movement, and nonpayment of wages while they were working in a Gifu textile factory. Workers were also sometimes subjected to “forced savings” that they forfeited by leaving early or being forcibly repatriated. For example, some technical interns reportedly paid up to one million yen ($8,900) in their home countries for jobs and were reportedly employed under contracts that mandated forfeiture of those funds to agents in their home country if workers attempted to leave, both of which are illegal under the TITP. In 2017 the government established an oversight body, the Organization for Technical Intern Training (OTIT), which conducted on-site inspections of TITP workplaces. There is concern that the OTIT is understaffed, insufficiently accessible to persons who do not speak Japanese, and ineffective at prosecuting labor abuse cases.

Workers who entered the country illegally or who overstayed their visas were particularly vulnerable. NGOs maintained government oversight was insufficient.

Despite the prevalence of forced labor within the TITP, no case has ever led to a labor trafficking prosecution.

On December 8, the country enacted legislation that creates new categories of working visas to bring in more skilled and blue-collar workers and upgrades the Justice Ministry’s Immigration Bureau to an agency that will oversee companies that accept foreign workers. NGOs expressed concern that the new law does not adequately safeguard against the potential for continued labor abuses, such as those that have been present in the TITP.

[…] Reports of employers forcing pregnant women to leave their jobs continued, although there are no recent data on this problem. In December media reported the case of a Vietnamese technical trainee who was told to have an abortion or quit her job.

[More on the issues involving “Trainees” etc. here.]

E. ACCEPTABLE CONDITIONS OF WORK

The minimum wage ranged from 737 to 958 yen ($6.50 to $8.50) per hour, depending on the prefecture. The poverty line was 1.22 million yen ($10,900) per year. […] Nonregular workers (which include part-time workers, fixed-term contract workers, and dispatch workers) made up approximately 37 percent of the labor force in 2017. […]

Reports of abuses in the TITP were common, including injuries due to unsafe equipment and insufficient training, nonpayment of wages and overtime compensation, excessive and often spurious salary deductions, forced repatriation, and substandard living conditions (also see section 7.b.). In addition, observers alleged that a conflict of interest existed, since the inspectors who oversee the TITP working conditions were employed by two ministries that are members of the interagency group administering the TITP. Some inspectors appeared reluctant to conduct investigations that could cast a negative light on a government program that business owners favored.

There were also reports of informal employment of foreign asylum seekers on provisional release from detention who did not have work permits. Such workers were vulnerable to mistreatment and did not have access to standard labor protections or oversight.

EXCERPT ENDS

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Record 2.73 million NJ residents in Japan in 2018; media also shoehorns in mention of NJ crime, without mention of NJ contributions

Posted on March 29, 2019March 30, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. After a dip a few years ago, the population of NJ continues to rise, now reaching a new record, according to the Mainichi and the Yomiuri below.

This will probably continue, since, as I have noted in previous writings (see #1 here too), the Japanese Government is actively seeking to bring in NJ to fill perpetual labor shortages. But as noted, it won’t be treated as an “immigration policy”, meaning these people won’t be officially encouraged to stay. Nor will they be treated with the respect they deserve (as usual) for their valuable contributions to society. As submitter JK notes, “Of course these reports aren’t complete without the obligatory linkage between ‘foreign’ and ‘crime’ (i.e. illegal overstayers).” (The Yomiuri, true to form, puts that information in the very second sentence!)

When will the GOJ decide to give us some stats on how much NJ, as workers, contribute to the bottom line by keeping companies staffed and in business? Or by paying taxes? Other countries manage to come up with these kinds of figures, so why can’t Japan? Well, because that would encourage regular folk to have justifications for seeing NJ as human beings, and wanting them to stay for reasons beyond facile curiosity/exploitation. Can’t have that, can we. Debito Arudou PhD.

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Record 2.73 mil. foreign residents living in Japan in 2018
March 22, 2019 (Mainichi Japan), Courtesy of JK
http://mainichi.jp/english/articles/20190322/p2g/00m/0dm/087000c

TOKYO (Kyodo) — A record 2,731,093 foreigners were registered living in Japan at the end of 2018, up 6.6 percent from a year earlier, bolstered by a rising number of students and technical trainees, the Justice Ministry said Friday.

The government is expecting a further rise in foreign residents under a new visa system to be implemented next month with the aim of attracting more foreign workers amid a severe shortage of labor in the country.

Among registered residents, technical trainees numbered 328,360 or a jump by 19.7 percent from a year before, and foreign students stood at 337,000, up by 8.2 percent.

Based on nationality, Chinese made up the largest group with 764,720, followed by South Koreans at 449,634. Vietnam, which sends the most technical trainees to Japan, ranked third with 330,835 residents, up 26.1 percent.

The number of foreigners illegally staying in the country rose by 11.5 percent to 74,167 as of Jan. 1, the ministry said.

Of those, the largest group was South Koreans with 12,766, down 0.9 percent from a year earlier.

Vietnamese came second at 11,131, a 64.7 percent jump, followed by Chinese at 10,119.

Those with permanent residency constituted the largest group among registered residents at 771,568, up by 3 percent, although the number of registered Koreans with special permanent status decreased by 2.5 percent to 321,416.
ENDS

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Foreign residents increase to record 2.73 mil.
March 23, 2019 Jiji Press/Yomiuri Shinbun, Courtesy of JK
http://the-japan-news.com/news/article/0005624612

TOKYO (Jiji Press) — The number of foreign nationals living in Japan as of the end of 2018 grew 6.6 percent from the year before to a record 2,731,093, rising for the sixth consecutive year, the Justice Ministry said Friday.

The number of illegal residents as of Jan. 1 this year jumped 11.5 percent to 74,167, up for the fifth straight year, the ministry said.

The increases in both categories chiefly reflected a rise in the number of people coming from Vietnam as technical trainees.

The number of foreign residents is projected to grow further as the government is slated to create new types of resident status next month in order to accept more workers from abroad.

By nationality, Chinese made up the largest group, at 764,720, or nearly 30 percent of the total number of legal foreign residents, including medium- to long-term stayers as well as specially permitted permanent residents.

South Koreans were the second most at 449,634, followed by Vietnamese (330,835), Filipinos (271,289) and Brazilians (201,865).

Vietnamese were the sole foreign nationality that marked double-digit growth, climbing 26.1 percent.

South Koreans topped the list of illegal foreign residents, though their number fell 0.9 percent to 12,766.

Vietnamese followed, surging 64.7 percent to 11,131. They include trainees who fled companies they were working for after finding it difficult to repay debts taken on to pay fees to malicious trainee-dispatch organizations at home, the ministry said.
ENDS

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PS: JK also sends further word about where many of these dreaded “foreign overstayers” might be coming from, and it’s not from the original work visa-ed imported labor force:

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

JK: …apparently 東京福祉大学 (Tokyo University of Social Welfare) is practically hemorrhaging foreign overstayers:
Gov’t investigates 700 foreign students AWOL from Tokyo college <http://mainichi.jp/english/articles/20190318/p2g/00m/0dm/050000c>
Univ. campus inspected after 1,400 foreign students go AWOL <http://mainichi.jp/english/articles/20190326/p2g/00m/0dm/058000c>

PPS: Here’s another reason why NJ workers go AWOV:

Probe reveals 759 cases of suspected abuse and 171 deaths of foreign trainees in Japan
BY MAGDALENA OSUMI, STAFF WRITER, THE JAPAN TIMES. MAR 29, 2019

A recent probe into Japanese firms using the state-sponsored Technical Intern Training Program to deal with acute labor shortages has revealed 759 cases of suspected abuse, including unpaid wages, the Justice Ministry said Friday.

The findings confirm growing concerns about the link between the interns’ working conditions and their disappearances from work. Last year, the number of missing foreign trainees rose to 9,052, compared with 7,089 the previous year. As of December, 328,360 foreign people were registered as technical interns.

The results of the probe showed that 231 interns weren’t paid overtime wages and another 58 were being paid below the legal minimum. One intern was paid only ¥60,000 per month during a 7-month stint and received an hourly payment of ¥700 for an average of 60 hours of overtime per month.

The ministry also found that 171 interns died while in the program between 2012 and 2017, the officials said. There were some 150,000 foreign trainees in 2012 and about 270,000 in 2017…

Rest at https://www.japantimes.co.jp/news/2019/03/29/national/probe-reveals-759-cases-suspected-abuse-foreign-trainees-japan-171-deaths/
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NYT: Hair policing soon to be treated as “racial discrimination” by NYC Commission of Human Rights. Compare with JHS & HS Hair Police in Japan.

Posted on February 18, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. Related to our recent posts by Senaiho about the unchecked bullying power of the self-appointed “Hair Police” in Japan’s secondary education system, here’s how a progressive system deals with it, particularly when it comes to hairstyles in the professional world. New York City’s Human Rights Commission will soon be enforcing guidelines dealing with racial discrimination when it comes to how people choose to wear their hair professionally. And these penalties have real teeth: The NYC HRC can levy fines on companies of up to a quarter-mil, plus damages in court afterwards!

This is, of course, absolutely unimaginable in Japan, where their state-sponsored “Bureau of Human Rights” (Jinken Yougobu) is but a Potemkin system (with no ability to levy penalties, and arbitrary guidelines for launching investigations) that only exists to deflect criticism from overseas that Japan isn’t respecting treaty obligations towards human rights. Consequently people of diversity are forced into an absolutist narrative where “looking Japanese” is not only quantifiable as a standard (e.g., hair must be straight and black), but also enforceable under normalized racial profiling by the Japanese police (which has detained people for “looking foreign” while Japanese). This is why “Embedded Racism” remains so unchecked in Japan.

Read on for how NYC HRC is doing it, and consider this as a template. Debito Arudou, Ph.D.

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New York City to Ban Discrimination Based on Hair
New guidelines out this week give legal recourse to individuals who have been harassed, punished or fired because of the style of their hair.
By Stacey Stowe
The New York Times, Feb. 18, 2019
https://www.nytimes.com/2019/02/18/style/hair-discrimination-new-york-city.html

PHOTO CAPTION: The New York City’s human rights commission specifically asserts the right of people to have “natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.”

Under new guidelines to be released this week by the New York City Commission on Human Rights, the targeting of people based on their hair or hairstyle, at work, school or in public spaces, will now be considered racial discrimination.

The change in law applies to anyone in New York City but is aimed at remedying the disparate treatment of black people; the guidelines specifically mention the right of New Yorkers to maintain their “natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.”

In practice, the guidelines give legal recourse to individuals who have been harassed, threatened, punished, demoted or fired because of the texture or style of their hair. The city commission can levy penalties up to $250,000 on defendants that are found in violation of the guidelines and there is no cap on damages. The commission can also force internal policy changes and rehirings at offending institutions.

The move was prompted in part by investigations after complaints from workers at two Bronx businesses — a medical facility in Morris Park and a nonprofit in Morrisania — as well as workers at an Upper East Side hair salon and a restaurant in the Howard Beach section of Queens. (The new guidelines do not interfere with health and safety reasons for wearing hair up or in a net, as long as the rules apply to everyone.)

The guidelines, obtained by The New York Times before their public release, are believed to be the first of their kind in the country. They are based on the argument that hair is inherent to one’s race (and can be closely associated with “racial, ethnic, or cultural identities”) and is therefore protected under the city’s human rights laws, which outlaw discrimination on the basis of race, gender, national origin, religion and other protected classes.

To date, there is no legal precedent in federal court for the protection of hair. Indeed, last spring the United States Supreme Court refused an NAACP Legal Defense and Educational Fund request to review a case in which a black woman, Chastity Jones, had her job offer rescinded in 2010 at an Alabama insurance company after she refused to cut off her dreadlocks.

But New York City’s human rights commission is one of the most progressive in the nation; it recognizes many more areas of discrimination than federal law, including in employment, housing, pregnancy and marital status. Its legal enforcement bureau can conduct investigations, and has the ability to subpoena witnesses and prosecute violations.

“There’s nothing keeping us from calling out these policies prohibiting natural hair or hairstyles most closely associated with black people,” said Carmelyn P. Malalis, the commissioner and chairwoman of the New York City Commission on Human Rights.

“They are based on racist standards of appearance,” Ms. Malalis continued, saying that they perpetuate “racist stereotypes that say black hairstyles are unprofessional or improper.”

In New York, it isn’t difficult to find black women and men who can speak about how their hair has affected their lives in both subtle and substantial ways, ranging from veiled comments from co-workers to ultimatums from bosses to look “more professional” or find another job.

For Avery, 39, who works in Manhattan in court administration and declined to provide her last name for fear of reprisal at work, the answer to how often she fields remarks on her hair in a professional setting is “every day.”

Avery said her supervisor, who is white, encourages her to relax her hair, which she was wearing in shoulder-length chestnut-colored braids. “She’s like, ‘You should do your hair,’ when it is already styled, or she says, ‘straight is better,’” Avery said. She added that the only hair color her supervisor approves of is black.

Georbina DaRosa, who is interning to be a social worker, had her hair in box braids as she ate lunch with a colleague at Shake Shack on East 86th Street on a recent weekend afternoon. Ms. DaRosa said her hair sometimes elicited “microaggressions” from her superiors at work.

“Like, people say, ‘I wouldn’t be able to recognize you because you keep changing your hairstyle,’ that’s typical,” said Ms. DaRosa, 24.

Her lunch partner, Pahola Capellan, who is also black and whose ringlets were bobbed just above her shoulders, said, of her own experience: “It’s very different. There’s no discrimination because my hair is more acceptable.”

A 21-year-old black woman who gave her name only as Enie said she quit her job as a cashier at a Manhattan Wendy’s six months ago when a manager asked her to cut off her 14-inch hair extensions. “I quit because you can’t tell me my hair is too long, but the other females who are other races don’t have to cut their hair,” said Enie, who now works at a hospital.

There has long been a professional toll for those with certain hairstyles. Almost 18 percent of United States soldiers in active duty are black, but it is only in recent years that the military has dropped its prohibitions on hairstyles associated with black culture. The Marines approved braid, twist and “lock” (usually spelled loc) hairstyles in 2015, with some caveats, and the Army lifted its ban on dreadlocks in 2017.

And certain black hairstyles are freighted with history. Wearing an Afro in the 1960s, for instance, was often seen as a political statement instead of a purely aesthetic choice, said Noliwe Rooks, an author and professor at Cornell University whose work explores race and gender. Dr. Rooks said that today, black men who shave designs into their hair as a stylistic choice may be perceived as telegraphing gang membership.

“People read our bodies in ways we don’t always intend,” Dr. Rooks said. “As Zora Neale Hurston said, there is the ‘will to adorn,’ but there is often a backlash against it.”

Chaumtoli Huq, an associate professor of labor and employment law at City University of New York School of Law, said that attitudes will change as black politicians, like Stacey Abrams, who ran for governor of Georgia, and Ayanna Pressley, who represents Massachusetts in Congress, rise in prominence.

“As more high-profile black women like Abrams and Pressley opt for natural hairstyles, twists, braids, we may see a positive cultural shift that would impact how courts view these guidelines that seek to prevent discrimination based on hair,” Ms. Huq said.

Hair discrimination affects people of all ages. In the past several years, there have been a number of cases of black students sent home or punished for their hairstyles. In New Jersey, the state civil rights division and its interscholastic athletic association started separate investigations in December when Andrew Johnson, a black high school student, was told to cut off his dreadlocks or forfeit a wrestling match.

Last August, an 11-year-old student in Terrytown, La., was sent home from school for wearing braids, as was a 6-year-old boy in Florida who wore dreadlocks. In 2017, Mya and Deana Cook, twin sisters in Massachusetts, were forced to serve detentions because officials said their braids violated their school’s grooming policy.

Similar instances in New York City could fall under the human rights commission’s expansive mandate, as do instances of retailers that sell and display racist iconography.

In December, the commission issued a cease-and-desist order to Prada, the Italian luxury fashion house, after the window of its SoHo store was adorned with charms and key chains featuring blackface imagery.

The fashion company instituted training in the city’s human rights law for employees, executives, and independent contractors. It also immediately pulled the line of goods from its United States stores.
ENDS

=============================
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Japan Times JBC 114 DIRECTOR’S CUT of “Top Ten for 2018” column, with links to sources

Posted on January 30, 2019January 30, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. Now that the clicks have died down on my latest Japan Times JBC column of January 28, 2019 (thanks for putting it in the Top Ten trending articles once again), what follows is the first final draft I submitted to the Japan Times for editing on December 29, 2018. I blog this version because a lot of information is lost (inevitably) as we cut the word count from 2800 to 1600 words. (I generally put everything in the first final draft, then cut it down to fit the page; that way we don’t overlook anything and have to backtrack.)

People have been asking what got cut (and yes, the original version mentions Michael Woodford and Jeff Kingston), so the piece below is quite a bit different from what appeared in the Japan Times here (meaning it shouldn’t draw away any readers from the JT version; in fact, it will probably spur more views from readers wanting to compare). Also, having links to sources matter, so here it all is, including my regular acerbic tone. Dr. Debito Arudou

///////////////////////////////////////////////

A TOP TEN FOR 2018
By Debito Arudou, Japan Times Just Be Cause Column 114
To be published January 3, 2019
DRAFT SIX: VERSION WITH LINKS TO SOURCES INCLUDED

Welcome to JBC’s annual countdown of human rights events as they affected non-Japanese (NJ) residents of Japan. Ranked in ascending order, these issues are bellwethers for how NJ in Japan may be treated in 2019 and beyond:

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

10) Fourth-Generation Japanese Brazilians snub new visa program

Last March, the Justice Ministry announced a new diaspora visa regime to attract back children of Brazilian-Japanese who had previously worked in Japan. The latter had been brought in from 1990 under a former preferential “Returnee Visa” regime, which essentially granted a form of permanent residency to NJ with Japanese bloodlines.

The Returnee program was so successful that by 2007, Brazilians had swelled to more than 300,000 residents, the third-largest NJ minority in Japan. Unfortunately, there was a big economic downturn in 2008. As Returnees lost their jobs, the government declined to assist them, even bribing them to “go home” (JBC Apr 7, 2009) and forfeit their visa, unemployment insurance, pensions, and other investments in Japan over a generation. They left in droves.

Fast forward ten years, and an unabashed government (facing a labor shortage exacerbated by the 2020 Olympics) now offers this reboot: Fourth-gen Nikkei, with sufficient Japanese language abilities, plus a secure job offer and family support already in Japan, can stay up to five years.

They expected a quota of 4000 workers would soon be filled. Except for one problem: This time they stayed away in droves. By the end of October, three months into the program, the Nikkei Shimbun reported there were exactly zero applicants.

So much for bloodlines. The word is out and the jig is up.

Sources: https://www.japantimes.co.jp/news/2018/03/30/national/preferential-visa-system-extended-foreign-fourth-generation-japanese/
Nikkei: https://www.debito.org/?p=15191
JBC Apr 7 2009 https://www.debito.org/?p=2930

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

9) Naomi Osaka’s victory at US Open Tennis.

Speaking of bloodlines, JBC wrote about American-Haitian-Japanese Naomi Osaka’s win last year (“Warning to Naomi Osaka: Playing for Japan can seriously shorten your career,” Sep. 19) as a cautionary tale for anyone representing this country as an international athlete. However, as far as the Top Ten goes, her victory matters because it inspires discussion on a fundamental question: “What is a Japanese?”

Japanese society relentlessly polices a narrative of purity of identity. That means that some Japanese citizens, despite spending their lives in Japan, often get shunted to the “half” category if they don’t “look Japanese,” or relegated to “returnee children” status because their dispositions don’t “fit in” with the putative norm due to living overseas. Uniformity is a virtue and a requirement for equal treatment here. The “nail sticking up” and all that, you know.

Yet what happens to Japanese citizens who spend most of their life overseas, even take foreign citizenships, and publicly grumble about how they wouldn’t have been successful if they’d remained in Japan (as some Nobel laureates with Japanese roots have)? They’d get hammered down, right?

Not if they win big internationally. Suddenly, they’re “Japanese” with few or any asterisks. It’s a common phenomenon in racialized societies: “They’ll claim us if we’re famous.”

Naomi Osaka won big. May she continue to do so. But let’s see if she can follow in the footsteps of other diverse Japanese chosen to represent Japan, such as former Miss Japan beauty queens Ariana Miyamoto and Priyanka Yoshikawa (who as “halfs” also spoke out against racial discrimination in Japan; alas, their impact was minimized because they didn’t win big internationally).

In any case, the more successful diverse Japanese who can highlight the fallacies of Japan’s pure-blood narrative, the better.

Sources: https://www.debito.org/?p=15160
https://www.debito.org/?p=15156
https://www.debito.org/?p=15145

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

8) Zainichi Korean wins hate speech lawsuit on grounds of “racial discrimination”.

The wheels of justice turn slowly in Japan, but sometimes in the right direction. Ms. Lee Sin Hae, a “Zainichi Special Permanent Resident” generational foreigner, was frequently defamed in public hate rallies by Zaitokukai, an anti-Korean hate group. She sued them in 2014 for hate speech, racial discrimination, and gender discrimination. She won in the District Court in 2016, the High Court in 2017, and shortly afterwards in the Supreme Court when they declined to review the case.

Ms. Lee’s case stands as yet another example of how Japan’s new hate speech laws have legally-actionable consequences. Others similarly defamed can now cite Lee’s precedent and (mildly) punish offenders. It’s also another case of discrimination against Japan’s minorities being classified as “racial,” not “ethnic” etc.

This matters because Japan is the only major developed country without a national law criminalizing racial discrimination. And it has officially argued to the United Nations that racism doesn’t happen enough here to justify having one. Lee’s case defies that lie.

Sources: https://www.debito.org/?p=14973 “Officially argued”: https://www.debito.org/japanvsun.html (For context, do a word search for the following paragraph: “We do not recognize that the present situation of Japan is one in which discriminative acts cannot be effectively restrained by the existing legal system and in which explicit racial discriminative acts, which cannot be restrained by measures other than legislation, are conducted. Therefore, penalization of these acts is not considered necessary.”)

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

7) Setagaya-ku passes Anti-Discrimination Ordinance specifically against racial discrimination etc.

On that note, movements at the local level against racial discrimination are afoot. Tokyo’s Setagaya Ward, one of Japan’s first municipalities to recognize same-sex marriages, passed an ordinance last March that will protect (after a fashion) racial, ethnic, and sexual minorities from discrimination and hate speech.

I say “after a fashion” because it, as usual, has no punishments for offenders. The best it can do is investigate claims from aggrieved residents, inform the mayor, and offer official evidence for future lawsuits.

But it’s a positive step because 1) we’ve had city governments (such as Tsukuba in 2010, home of a major international university) go in exactly the opposite direction, passing alarmist resolutions against suffrage for NJ permanent residents; and 2) we had a prefectural government (Tottori) pass an anti-discrimination ordinance in 2005, only to have it unpass it mere weeks later due to bigoted backlash.

That didn’t happen this time in Setagaya-ku. The ordinance stands. Baby steps in the right direction.

Sources: http://www.kanaloco.jp/article/314740
http://www.city.setagaya.lg.jp/static/oshirase20170920/pdf/p02.pdf
http://www.city.setagaya.lg.jp/kurashi/101/167/321/d00158583_d/fil/tekisuto2.txt
https://www.debito.org/?p=14902
Tottori: https://www.debito.org/japantimes050206.html
Tsukuba: https://www.debito.org/?p=8459

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

6) Immigration Bureau to be upgraded into Immigration Agency.

Last August, the government said that to deal with the record influx of foreign tourists and workers (more below), more manpower would be needed to administrate them. So as of April this year, the Nyukyoku Kanri Kyoku (“Country-Entrant Management Bureau”) is scheduled to become the Nyukoku Zairyu Kanri Cho (“Country-Entering Residency Management Agency”), with an extra 500 staff and an expanded budget.

Critics may (rightly) deride this move as merely a measure to tighten control over NJ, as the “Immigration Bureau” was a mistranslation in the first place. Japan has no official “immigration” policy to help newcomers become permanent residents or citizens, and the Bureau’s main role, as an extension of Japan’s law enforcement, has been to police NJ, not assist them. (After all, according to the Justice Ministry, 125 NJ workers have died under work-related conditions since 2010; where was the Bureau to prevent this?)

However, the fact remains that if Japan will ever get serious about its looming demographic disaster (where an aging society with record-low birthrates is shrinking its taxpaying workforce to the point of insolvency), it has to deal with the issue of importing workers to fill perpetual labor shortages. It has to come up with an immigration policy to make foreigners into permanent residents and citizens.

The only way that will happen is if the government establishes an organization to do so. An upgrade from a Bureau to an Agency is one step away from becoming an actual Ministry, separate from the mere policing mandate of the Justice Ministry.

Sources: https://www.japantimes.co.jp/news/2018/08/28/national/politics-diplomacy/japan-set-immigration-agency-cope-influx-blue-collar-ranks-abroad-new-status/
https://www.debito.org/?p=15129
Agency name change: https://www.sankei.com/politics/news/180828/plt1808280006-n1.html
125 NJ workers died: https://www.japantimes.co.jp/news/2018/12/13/national/justice-ministry-reveals-174-foreign-technical-interns-japan-died-2010-2017/

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

5) Govt. to further centralize surveillance system of NJ.

Now, to acknowledge the naysayers, last year the government gave more power to the Justice Ministry to track NJ, in an effort to stop “visa overstayers” and keep an eye on tourists and temporary workers. This is on top of the other measures this decade, including the remotely-readable RFID-chipped Gaijin Card in 2012, proposing using NJ fingerprinting as currency in 2016 (in order to “enable the government to analyze the spending habits and patterns of foreign tourists;” yeah, sure), and facial recognition devices specifically targeting “foreigners” at the border from 2014.

This is the negative side of inviting NJ to visit as tourists or stay awhile as workers: Japan’s police forces get antsy about a perceived lack of control, and get increased budgets to curtail civil liberties.

Sources: https://www.japantimes.co.jp/news/2018/06/18/national/counter-illegal-overstayers-government-plans-system-centrally-manage-information-foreign-residents/
RFID: https://www.debito.org/?p=10750
Fingerprinting: https://www.debito.org/?p=13926
Facial recognition: https://www.debito.org/?p=12306 and https://www.debito.org/?p=14539

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

On the positive side, however:

4) Tourism to Japan reaches record 30 million in 2018.

Admittedly, when the government launched its “Visit Japan” campaign in 2010, and cheerily projected a huge expansion of NJ tourism from single-digit millions to double- a decade ago, JBC was skeptical. Government surveys in 2008 indicated that 70% of hotels that had never had NJ guests didn’t want them anyway. And of the 400+ “Japanese Only” places I surveyed for my doctoral fieldwork, the vast majority were hotels—some even encouraged by government organs to refuse NJ entry (JBC, “Japan’s hostile hosteling industry,” Jul 6, 2010)!

Times change, and now NJ tourism (mostly from Asia, chiefly China, South Korea, and Taiwan) has become a major economic driver. Local and national business sectors once pessimistic about the future are flush with cash. And by the 2020 Olympics, the tourist influx is projected to skyrocket to 40 million.

Naturally, this much flux has occasioned grumbling and ill-considered quick-fixes. We’ve had media gripes about Chinese spending and littering habits, a “Chinese Only” hotel in Sapporo, separate “foreigner” taxi stands at JR Kyoto Station (enforced by busybodies disregarding NJ language abilities), and even a “Japanese Only” tourist information booth in JR Beppu Station.

The worst fallout, however, is the new “Minpaku Law” passed last June. It adds bureaucratic layers to Airbnb home-sharing, and shores up the already stretched-thin hotel industry’s power over accommodation alternatives.

The government also resorted to coded xenophobia to promote the law. Citing “security” and “noise concerns,” Tokyo’s Chuo Ward indicated that letting “strangers” into apartments could be “unsafe.” Shibuya Ward only permitted Minpaku during school holidays, so “children won’t meet strangers” on the way to school. Not to be outdone, NHK Radio implied that ISIS terrorists might use home lodging as a base for terrorist attacks.

It’s one thing to be ungrateful for all the tourist money. It’s quite another to treat visitors as a threat after inviting them over. If not handled properly, the influx from the 2020 Olympics has the potential to empower Japan’s knee-jerk xenophobes even further.

Sources: https://www.japantimes.co.jp/news/2018/12/18/national/japan-marks-new-record-foreign-visitors-top-30-million-2018/
2008 hotel survey: https://www.debito.org/?p=12306
“Visit Japan” and “new economic driver” stats: https://www.japantimes.co.jp/news/2014/08/25/reference/tourism-emerges-new-economic-driver-japan/
Exclusionary hotels encouraged by govt. organs: https://www.debito.org/?p=1941 and JBC https://www.debito.org/?p=7145
Tourism Stats: https://www.tourism.jp/en/tourism-database/stats/inbound/#annual
Grumbling about tourist manners: https://www.debito.org/?s=Chinese+tourist and https://www.debito.org/?p=2301
Chinese Only hotel: https://www.debito.org/?p=6864
Beppu: https://www.debito.org/?p=14954
Minpaku xenophobia and ISIS: https://www.debito.org/?p=15051

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

3) Japan Times changes wording on controversial historical terms and topics.

Previously, JBC (July 6, 2015) noted how the Fuji-Sankei acquisition of news outlet Japan Today had shifted the English-language media landscape rightward politically, with articles becoming more assiduous in pointing out NJ misbehavior, yet muted in their criticism of Japan.

This was after the English-language arms of Japan’s major newspapers, including the Daily Yomiuri (now The Japan News), the Daily Mainichi, and the Asahi Evening News, had relegated their foreign staff away from investigative journalism into mere translation duties. Not to mention the chair of NHK, Katsuto Momii, stated publicly in 2016 that his TV network would not report on contentious subjects until the government has “an official stance” (effectively making NHK a government mouthpiece).

These “contentious subjects” included portrayals of historical events, like NJ forced into labor for wartime Japanese companies, and “Comfort Women” forced sexual services under Japanese military occupation.

Back then, JBC concluded that the JT is “the only sustainable venue left with investigative NJ journalists, NJ editors and independently-thinking Japanese writers, bravely critiquing current government policy without fretting about patriotism or positively promoting Japan’s image abroad.”

But last November, the JT, under new ownership since 2017, came out with a new editorial stance.

Stating that “Comfort Women” (already a direct translation of the official euphemism of ianfu) was potentially misleading, because their experiences “in different areas throughout the course of the war varied widely,” the JT would henceforth “refer to ‘comfort women’ as ‘women who worked in wartime brothels, including those who did so against their will, to provide sex to Japanese soldiers’”. Likewise with the term “forced laborers,” which would now be rendered as “wartime laborers” because of varying recruiting patterns.

Aside from journalistic concerns about rendering these wordy terms in concise articles, it wasn’t hard for media pundits to portray this as a response to government pressure, already seen on Japanese media and overseas world history textbooks, to portray Japan’s past in a more exculpatory light. And with at least one government-critical columnist (Jeff Kingston) no longer writing for us, JBC now wonders if the JT remains the last one standing.

Sources: Govt. pressure on Japanese media: https://foreignpolicy.com/2016/05/27/the-silencing-of-japans-free-press-shinzo-abe-media/ and plenty more.
Govt. pressure on overseas history textbooks: https://www.debito.org/?s=history+textbook

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

2) Carlos Ghosn’s arrest.

The former CEO of Nissan and Mitsubishi motors (but remaining as CEO at Renault), Ghosn was arrested last November and indicted in December for inter alia allegedly underreporting his income for tax purposes. As of this writing, he remains in police custody for the 23-day cycles of interrogations and re-arrests, until he confesses to a crime.

This event has been well-reported elsewhere, so let’s focus on the JBC issues: Ghosn’s arrest shows how far you can fall if you’re foreign. Especially if you’re foreign.

Who’s been arrested? Nobody but those two foreigners.

It’s JBC’s view that this is a boardroom coup. The Wall Street Journal has reported that Ghosn was planning to oust a rival, Hiroto Saikawa, who has since taken Ghosn’s place as CEO. A similar thing happened to at Olympus in 2011, when CEO Michael Woodford broke ranks and came clean on boardroom grift. He was fired for not understanding “Japanese culture,” since that’s the easiest thing to pin on any foreigner.

Sources: Kelly health concerns: https://www.japantimes.co.jp/news/2018/12/26/business/corporate-business/greg-kelly-close-aide-carlos-ghosn-denies-allegations-release-bail/
Kobe Steel Reuters: https://www.reuters.com/article/us-kobe-steel-scandal-ceo/kobe-steel-admits-data-fraud-went-on-nearly-five-decades-ceo-to-quit-idUSKBN1GH2SM
Ghosn planned to replace CEO Saikawa https://www.wsj.com/articles/carlos-ghosn-planned-to-replace-nissan-ceo-before-his-arrest-1544348502
Olympus and Takata other issues https://www.bloomberg.com/opinion/articles/2018-12-06/carlos-ghosn-s-arrest-and-the-backlash-to-japan-nissan
Statute of limitations does not apply. “Japan’s Companies Act has a statute of limitations of seven years. Prosecutors argue this does not apply due to the amount of time Ghosn has spent outside the country.”
https://asia.nikkei.com/Business/Nissan-s-Ghosn-crisis/Ghosn-rearrested-for-alleged-aggravated-breach-of-trust
Woodford Olympus: https://www.debito.org/?p=9576
World waking up: https://www.standard.co.uk/business/jim-armitage-carlos-ghosn-treatment-shines-harsh-light-on-justice-in-japan-a3998291.html
JFBA: https://www.nichibenren.or.jp/library/en/document/data/daiyo_kangoku.pdf
Tantamount to torture: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=2ahUKEwjW_7Pcp8XfAhV1GDQIHcSIDTEQFjAAegQICRAC&url=http%3A%2F%2Fdocstore.ohchr.org%2FSelfServices%2FFilesHandler.ashx%3Fenc%3D6QkG1d%252FPPRiCAqhKb7yhsmoIqL9rS46HZROnmdQS5bNEx%252FmMJfuTuMXK%252BwvAEjf9L%252FVjLz4qKQaJzXzwO5L9HgK1Q6dtH8fP8MDfu52LvR5McDW%252FSsgyo8lMOU8RgptX&usg=AOvVaw22H5dQMWcKYHizy8NNIuqY
Other irregularities noted in the JT by Glen Fukushima: https://www.japantimes.co.jp/opinion/2018/12/20/commentary/japan-commentary/seven-questions-ghosn-nissan/

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

1) New immigration visa regime to expand nonskilled labor in Japan.

The event with the largest potential for impact on NJ residents in Japan would have to be the government’s passing of a new visa regime to officially allow unskilled workers (a departure from decades of policy) to make up for labor shortfalls in targeted industries, including nursing, food service, construction and maintenance, agriculture, and hotels.

It would allow people to stay for longer (up to five years), and even beyond that, if they qualify with secure job offers and language abilities, to the point of permanent residency. In theory, at least.

Disclaimers have been typical: Officials have denied that this is an “immigration policy,” sluicing off concerns that Japan will be overrun and undermined by hordes of NJ.

But this new visa regime matters because the government is clearly taking the inevitable measures to shore up its labor force against the abovementioned demographic crisis. To the tune of about 345,000 new workers. It’s an official step towards what we are seeing already in certain industries (like convenience stores in big cities), where NJ workers are no longer unusual.

Yes, the government may at any time decide to do a housecleaning by revoking these visas whenever NJ might reach a critical mass (as happened many times in the past). And it also has insufficiently addressed longstanding and widespread labor abuses in its Technical Trainee and Interns market. But the fact remains that bringing in proportionally more NJ, as the Japanese population shrinks, will make them less anomalous.

One way that minorities make themselves less threatening to a society is by normalizing themselves. Making people see NJ as co-workers, indispensable helpers, neighbors, maybe even friends. The cynical side of JBC thinks this is unlikely to happen. But it’s not going to happen without numbers, and that’s what this new visa regime is encouraging.

As evidence of change, the rigorous Pew Research Center last year surveyed several countries between about their attitudes towards international migration. One question, “In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now?” had positive responses from Japan that were the highest of any country surveyed—81% saying “more” or “the same.”

I was incredulous, especially since the word “immigration” (imin) has been a taboo term in Japan’s policy circles (JBC Nov 3, 2009). So I contacted Pew directly to ask how the question was rendered in Japanese. Sure enough, the question included “imin no suu” (immigration numbers).

This is something I had never seen before. And as such, changing policies as well as changing attitudes may result in sea changes towards NJ residents within our lifetimes.

Sources: https://www.japantimes.co.jp/news/2018/11/02/national/major-policy-shift-japan-oks-bill-let-foreign-manual-workers-stay-permanently/
345,000: https://www.japantimes.co.jp/news/2018/11/14/national/politics-diplomacy/345000-foreign-workers-predicted-come-japan-new-visas-government/
Pew: http://www.pewresearch.org/fact-tank/2018/12/10/many-worldwide-oppose-more-migration-both-into-and-out-of-their-countries/#more-309372 and https://www.axios.com/newsletters/axios-am-aca76f69-2982-4b0e-a36c-512c21841dc2.html?chunk=4&utm_term=emshare#story4
JBC Nov 3: https://www.debito.org/?p=4944
See also forwarded email from Pew below.

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

Bubbling under: Registered Foreign Residents reach new postwar record of 2.5 million. Alarmist government probe into “foreigner fraud” of Japan’s Health Insurance system reveals no wrongdoing (https://www.japantimes.co.jp/news/2018/09/12/national/probe-abuse-health-insurance-foreigners-japan-stirs-claims-prejudice/). Fake rumors about NJ criminal behavior during Osaka quake officially dispelled by government (https://www.japantimes.co.jp/news/2018/06/19/national/different-disaster-story-osaka-quake-prompts-online-hate-speech-targeting-foreigners/).
Former British Ambassador and Japan Times columnist Sir Hugh Cortazzi dies.
https://www.japantimes.co.jp/opinion/2018/08/23/commentary/japan-commentary/bidding-sir-hugh-cortazzi-farewell/

ENDS

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

Source on Pew Question in original Japanese. Forwarding email exchange from Pew Research Center itself:

Begin forwarded message:

From: Pew Research Center <info@pewresearch.org>
Subject: RE: Question about your recent Global Attitudes survey
Date: December 11, 2018
To: ” Debito A”

Hi Debito,

Thank you for reaching out. The original Japanese text is below:

Q52 In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now? Q52 日本に受け入れる移民の数を増やすべき、移民の数を減らすべき、または現状を維持すべき、のどれだと思われますか？

1 More 1.増やすべき
2 Fewer 2.減らすべき
3 About the same 3.現状を維持すべき
4 No immigrants at all (DO NOT READ) 4. 移民はまったくいない（読み上げない）
8 Don’t know (DO NOT READ) 8.わからない（読み上げない）
9 Refused (DO NOT READ) 9. 回答拒否（読み上げない）

Please let us know if you have any questions.

Best, [HT], Pew Research Center

ENDS

=================================
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“Nippon Claimed” multiethnic tennis star Osaka Naomi gets “whitewashed” by her sponsor. Without consulting her. Compare with singer Crystal Kay.

Posted on January 25, 2019January 27, 2019 by Debito Arudou, Ph.D.

mytest

Hi Blog. Multiethnic tennis star Osaka Naomi, whom we’ve talked about on Debito.org before in the context of Japan’s “Nippon Claiming” (where a mudblood is “claimed” to be a “Japanese”, full stop, as long as she’s at the top of her game; otherwise her mixed-ethnicity becomes a millstone), has now been claimed to the point of “whitewashing”. Yes, her Haitian-American heritage has been washed away in the Japanese media. By one of her main sponsors, no less. And they did it without clearing it with her first.

Witness these articles, sent in by many people (h/t to JK in particular):

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Ad Showing Naomi Osaka With Light Skin Prompts Backlash and an Apology
The New York Times, Jan 22, 2019
https://www.nytimes.com/2019/01/22/world/asia/naomi-osaka-anime-ad.html?smtyp=cur&smid=tw-nytimesworld

Naomi Osaka, the half-Haitian, half-Japanese tennis champion, is the star of a new Japanese anime-style advertisement.

The problem? The cartoon Ms. Osaka bears little resemblance to her real, biracial self.

Her skin was unmistakably lightened, and her hair style changed — a depiction that has prompted criticism in Japan, where she has challenged a longstanding sense of cultural and racial homogeneity.

The ad — unveiled this month by Nissin, one of the world’s largest instant-noodle brands — features Ms. Osaka and Kei Nishikori, Japan’s top-ranked male tennis player, in a cartoon drawn by Takeshi Konomi, a well-known manga artist whose series “The Prince of Tennis” is popular in Japan.

Mr. Konomi and Ms. Osaka, who faces Elina Svitolina in an Australian Open quarterfinal match on Wednesday, have not publicly commented on the reactions to the ad.

But a Nissin spokesman apologized in an email on Tuesday for “the confusion and discomfort.”

The spokesman, Daisuke Okabayashi, said that the characters had been developed in line with Mr. Konomi’s anime series and that the company had communicated with Ms. Osaka’s representatives.

“There is no intention of whitewashing,” he said. “We accept that we are not sensitive enough and will pay more attention to diversity issue in the future.”

After the ad was first published online, people on social media, including many fans of Ms. Osaka’s, said they were deeply disappointed.

Baye McNeil, an author who has lived in Japan for 15 years, said he didn’t understand why the ad would “erase her black features and project this image of pretty much the prototypical anime girl-next-door character.”

Ms. Osaka’s rise into a beloved national figure has been particularly exciting for biracial people in Japan, known as hafus, who have long battled for acceptance, he said.

“Making her look white just tells these people that what they are isn’t good enough,” Mr. McNeil said.

Ms. Osaka was born in Japan to a Haitian-American father and a Japanese mother, and moved to the United States when she was 3. Although she isn’t fluent in Japanese, often responding to questions from Japanese reporters in English, she has tweeted about her love of manga and Japanese movies.

Ranked fourth in the world at just 21, she’s already among Japan’s most accomplished tennis players ever. She became the first Japanese-born tennis player to win a Grand Slam singles championship in September when she defeated Serena Williams in the U.S. Open, a victory that supercharged her celebrity ascent.

That win prompted a cartoon in an Australian newspaper that was criticized for its depiction of Ms. Williams, which many saw as a racist caricature. While most of the condemnation focused on how the Australian cartoonist drew Ms. Williams, critics also noted that Ms. Osaka was depicted with blond hair and light skin.

Black characters aren’t frequently found in anime, but artists in the medium have successfully depicted their skin tones before.

“When there is a black character, it’s clearly a black character,” Mr. McNeil said.

The discussion of biracial identity in Japan got a boost in 2015 when Ariana Miyamoto, who is half-Japanese, half-African-American, won the Miss Universe Japan pageant. She used her fame to discuss the plight of “hafus,” but some in Japan were unwilling to accept her as a model of Japanese beauty.

In interviews, Ms. Osaka has embraced her multicultural background.

“Maybe it’s because they can’t really pinpoint what I am,” she said in 2016, “so it’s like anybody can cheer for me.”

ENDS
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Baye, mentioned above, commented as follows:

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Someone lost their noodle making this new Nissin ad featuring Naomi Osaka
BY BAYE MCNEIL
The Japan Times, JAN 19, 2019

This month, cup noodle maker Nissin served up its animated “Hungry to win” ad campaign, drawn by “Prince of Tennis” artist Takeshi Konomi and featuring actual tennis prince Kei Nishikori and our newest bona fide global star, Naomi Osaka.

I’d been anticipating Osaka’s appearance since it isn’t often that a high-profile woman of color is featured in a major Japanese ad campaign. So when I cued it up on YouTube I was truly disappointed to see that there was no woman of color to speak of in the commercial. Instead, I found a white-washed representation of Osaka that could’ve easily been based off a TV personality like Becky or Rola. Everything that distinguishes Osaka from your typical Japanese anime character was gone, and what was left? Your typical Japanese anime character.

Come on, Nissin. Was this a business decision? Did you have concerns that your customers might be forced to uncomfortably ponder issues of race or ethnicity while slurping down a bowl of U.F.O. Yakisoba?

Sure, anime fans aren’t used to seeing women of color in the genre so … a few shades lighter on the skin here … a debroadening of the nose there … the de-exoticization of her hair … and, voila! The perfectly palatable girl next door. Not for this fan, though. Osaka’s de-blackening is as problematic to me as a Bobby Riggs tirade against female tennis players…

Rest at https://www.japantimes.co.jp/community/2019/01/19/our-lives/someone-lost-noodle-making-new-nissin-ad-featuring-naomi-osaka/

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Nissin apologizes for skin color of Osaka in ad
The Japan News/Jiji Press January 23, 2019
http://the-japan-news.com/news/article/0005497740

NEW YORK (Jiji Press) — Nissin Food Products Co. has apologized in an email for depicting the skin color of tennis player Naomi Osaka in an anime-style advertisement as lighter than her actual pigmentation, The New York Times reported Tuesday.

The online edition of the U.S. newspaper said that the ad depicting Osaka, born to a Haitian-American father and a Japanese mother, has been criticized in Japan for whitewashing.

“We accept that we are not sensitive enough,” a spokesman for the Nissin Foods Holdings Co. unit was quoted as saying.

The Osaka character used in the anime ad for the company’s Cup Noodles was designed by manga artist Takeshi Konomi, known for his comic series “The Prince of Tennis.”

The ad also features Japanese tennis player Kei Nishikori, who, like Osaka, is sponsored by Nissin.

The New York Times reported that the Osaka figure depicted in the ad “bears little resemblance to her real, biracial self,” adding, “Her skin was unmistakably lightened.”
ENDS

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Sponsor of Naomi Osaka retracts ad videos over skin color dispute
January 24, 2019 (Mainichi Japan)
http://mainichi.jp/english/articles/20190124/p2g/00m/0bu/009000c

TOKYO (Kyodo) — A Japanese food company which is a sponsor of 2018 U.S. Open winner Naomi Osaka removed video advertisements from YouTube on Wednesday following a dispute over the skin color of a character featuring the tennis star.

Nissin Foods Holdings Co. created two pieces of animated video aimed at promoting its signature product Cup Noodle featuring characters of Osaka as well as Kei Nishikori, another Japanese tennis player the Tokyo company supports.

But Nissin chose to stop running them at the request of Osaka’s management agency in the United States following controversy in which some questioned Nissin’s creations, saying the color of Osaka’s character was lightened.

Nissin denied it had intended to make the skin color white and apologized for having caused confusion.

“We will be more mindful of the issue of diversity,” an official of the company said.

The dispute emerged as Osaka, a U.S.-based 21-year-old athlete whose father is Haitian and mother is Japanese, advanced to the semifinals of the Australian Open.

According to the official, Nissin consulted with the Japanese arm of Osaka’s agency in making the anime pieces but failed to communicate properly with its U.S. parent.
ENDS

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COMMENT: And, as the Guardian reported from an interview with Osaka:

Osaka: “I don’t think they did it on purpose to be, like, whitewashing or anything, but I definitely think that the next time they try to portray me or something, I feel like they should talk to me about it.”

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

Not on purpose? Really? This was what I was alluding to back in my Japan Times column on this last year:

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

It is a well-established phenomenon that Japanese children overseas, if absent from Japanese primary or secondary schooling for even a short time, can face ethnic and cultural displacement when they return. There’s even a special word — kikoku-shijo — for “repatriated children.” And this crisis of identity happens even to native Japanese speakers.

Osaka is not. Nikkan Sports on Sept. 10 reported her language abilities to be what I call “kitchen Japanese,” i.e., “somewhat able to audibly understand, but speaking is not her thing” (nigate). Yes, the media has dutifully noted her love for Japanese anime, manga, unagi (eel) and sushi. But “liking things” does not make up for lacking an important skill set.

Even with a Japanese mother, without standalone abilities to communicate and control her own fate, Osaka will expend a lot of energy navigating adult Japanese society, with all of its tripwires of courtesy and protocol.

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

So, the Nissin ad is the first clear tripwire — she didn’t even get consulted on her own image. And she got Whitewashed like a number of other celebrities in Japan of mixed heritage who can’t be accepted as “Japanese” unless they “look like Japanese”.

Consider what happened to singer Crystal Kay (who is Afro-Zainichi Korean, but it’s the same phenomenon). Excerpted from a chapter I wrote for book The Melanin Millennium (2013):

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A more subtle example of the marketing of skin color can be witnessed in the evolution of Japanese pop idol Crystal Kay (1986- ). The child of an African-American military serviceman and a Japan special permanent resident (zainichi) South Korean mother, Kay was raised as an English-Japanese bilingual in Japan (Poole 2009). Beginning her career from age thirteen, Kay as of this writing has released nine studio albums, with an appreciable lightening of her skin on her album covers as her popularity in Japan increased. A sample from earliest to latest:

C.L.L. Crystal Lover Light (2000), her debut album.

Almost Seventeen (2002)

4Real (2003)

Natural (2003), despite the similarities, is a separate album from 4Realwith different tracks, remixes, and English covers.

Call me Miss… (2006)

All Yours (2007)

Color Change! (2008)

Spin the Music (2010)

Best of Crystal Kay (2009)

ONE (Single, from Color Change!, alternative Pokemon edition) (2008)

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So, you think Ms. Osaka is going to be immune from this Whitewashing? She already isn’t. If she’s not happy about this sort of thing, she’s going to have to take active measures to prevent it. Or not. But the default visual standard of “Japaneseness” is already out there. And it’s not (yet) her skin color. Dr. Debito Arudou

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Surprising survey results from Pew Research Center: Japan supportive of “immigration”

Posted on January 7, 2019January 16, 2019 by Debito Arudou, Ph.D.

mytest

Hello Blog. Some weeks ago Debito.org Reader FB sent along a link to an article which noted: “Spain and Japan were among the most open to the idea of increased immigration, with 28% and 23% of their respective populations supporting more immigration. Japan, known for its isolationist policies and historically low immigration numbers, is facing a dire economic threat — its population is getting older” (bold emphasis added). It cited a recent worldwide Pew Research Global Attitudes Survey of 27 countries on international migration of labor etc., which can be found as a pdf here and a report here.

I was incredulous. I’ve written before how Japan’s policymakers, even its demographic scientists, view the word “immigration” (imin) as a taboo term and topic of discussion. So I wondered if there had been some finagling of the question’s translation, as in, using the term gaikokujin (foreigner) instead of imin–because imin itself would be clumsy in construction as a disembodied term unlinked to people (i.e., there is as yet no popularized word iminsha for immigrant). Likewise, there is no official “immigration policy” (imin seisaku) in Japan either to convert newcomers into permanent residents and citizens.

So I wrote to Pew directly:

From: “Debito Arudou”
Subject: Question about your recent Global Attitudes survey
Date: December 11, 2018
To: info@pewresearch.org

To Whom It May Concern,
I [have] a question about your recently-released Global Attitudes survey.
http://www.pewresearch.org/fact-tank/2018/12/10/many-worldwide-oppose-more-migration-both-into-and-out-of-their-countries/#more-309372
Regarding the Japanese response to Q52:

Q52. In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now?

Could you please send me the text of this question as rendered in the original Japanese? I can read Japanese text.
Thank you very much. Sincerely, Debito Arudou

I received the following answer:

From: Pew Research Center <info@pewresearch.org>
Subject: RE: Question about your recent Global Attitudes survey
Date: December 11, 2018
To: “Debito Arudou”
Hi Debito, Thank you for reaching out. The original Japanese text is below:
[emphases added in boldface, highlighting imin no kazu, or immigration numbers]

Q52	In your opinion, should we allow more immigrants to move to our country, fewer immigrants, or about the same as we do now?	Q52 日本に受け入れる移民の数を増やすべき、移民の数を減らすべき、または現状を維持すべき、のどれだと思われますか？
1	More	1.増やすべき
2	Fewer	2.減らすべき
3	About the same	3.現状を維持すべき
4	No immigrants at all (DO NOT READ)	4. 移民はまったくいない（読み上げない）
8	Don’t know (DO NOT READ)	8.わからない（読み上げない）
9	Refused (DO NOT READ)	9. 回答拒否（読み上げない）

Please let us know if you have any questions.

Best, [HT], Pew Research Center

COMMENT:

Well, if that’s the exact text Pew read over the phone to the Japanese respondents, I can’t doubt it. But I’ve never seen the word imin used in this context in Japan, moreover asked of more than a thousand respondents, as per the methodology of the Global Attitudes Survey:

Courtesy: http://www.pewresearch.org/methodology/international-survey-research/international-methodology/

More surprising were the responses from the Japanese surveyed:

*Courtesy* *http://www.pewresearch.org/fact-tank/2018/12/10/many-worldwide-oppose-more-migration-both-into-and-out-of-their-countries/#more-309372*

Just gawk at those numbers. Japan has the lowest “Few Immigrants/None” and the highest “About the same number of Immigrants/More” combined of all the countries surveyed!

Again, the diehard skeptic in me wants to poke holes in this survey, especially given the constant duplicity of the MOJ and the GOJ towards NJ in general, especially when it comes to surveying the general public. But this is Pew, and they are among the most rigorous of international surveyors we’ve got. Given that they used the term “immigration numbers” (not just the “temporary-foreign-labor-on-revolving-door-visas” connotation that a mere term like gaikokujin would have allowed), this is on the surface quite promising.

Next stage, an actual Immigration Ministry (Imin Shou), which I believe may also someday be in the cards. The Immigration Bureau is being upgraded to an actual Agency (Cho), one step below a Ministry, come April.

Thoughts? Dr. Debito Arudou

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BBC: Fukuoka Hilton Hotel refuses entry to Cuban Ambassador due to “US sanctions”. J authorities call action “illegal”. How quaint.

Posted on November 17, 2018November 18, 2018 by Debito Arudou, Ph.D.

mytest

Hi Blog. The BBC and Japan Times report below that the Cuban Ambassador to Japan was denied entry to a US-based hotel chain in Japan, the Hilton, in Fukuoka. The Japanese Government quickly stepped in to say that this activity is illegal under Japanese law.

Well, well, well. I guess it’s helpful to be foreign and connected in high places. As has been reported for decades on Debito.org, Japan’s hotel refusals by nationality are so normalized that hotels routinely ignore the law being cited, refusing “foreigners” entry due to “lack of facilities“, “discomfort on the part of the management or Japanese customers“, or just for being “customers while foreign” (or even the “wrong foreign customers“). Sometimes these refusals have the backing and encouragement of local police agencies and other authorities in their overzealous “anti-terrorism“/”anti-crime“/”anti-infectious disease” campaigns (because after all, only “foreigners” do all that in Japan).

So the Cuban Ambassador gets refused. And now the law gets applied. Good. Now let’s apply it everywhere, for a change. That’s what laws are for. Dr. Debito Arudou

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US hotel in Japan refuses Cuba ambassador
BBC/Reuters 14 November 2018, courtesy of JDG
https://www.bbc.com/news/world-asia-46207147

A US-owned hotel in Japan has been criticised by Japanese authorities after it denied the Cuban ambassador a room over fears it would violate US sanctions on Cuba.

The Hilton Fukuoka Sea Hawk told Ambassador Carlos Pereria he could not stay last month because it could not accommodate Cuban government guests.

That prompted a Cuban complaint.

Japanese officials in the city have since told the hotel it was illegal to refuse rooms based on nationality.

The Cuban embassy booked the room through a travel agency, which informed the hotel of the guests’ identity, the Asahi Shimbun newspaper reported.

However when Mr Pereira arrived in the south-western city on a trip to visit Cubans playing for the city’s baseball team he was told he could not stay.

In its subsequent complaint, the Cuban argued that applying US law in Japan encroached on Japan’s sovereignty, the Asahi Shimbun said.

But a Hilton representative in the Japanese capital Tokyo told the Kyodo news agency that the firm had to comply with US law because it was based in the US.

In 2006, the Mexican authorities fined a US-owned Sheraton hotel for expelling a 16-person Cuban delegation from a hotel in Mexico City.

In 2007 a Norwegian hotel, the Scandic Edderkoppen, refused to let a delegation of 14 Cuban officials stay as it was part of a chain that had been bought by Hilton since the Cubans last visited.

Then Norwegian deputy foreign minister Raymond Johansen told Reuters that it was “totally unacceptable”.

In 2016, under a thaw in relations between the US and Cuba during the Obama administration, the US hotel firm Starwood signed a deal to manage two hotels in Cuba. The two hotels were owned by Cuban state enterprises, the New York Times reported.

However the following year President Trump tightened US policy towards Cuba, banning US visitors to the island from spending money in state-run hotels or restaurants linked to Cuba’s military.
ENDS

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The Japan Times adds:
According to the Cuban Embassy, the diplomats were visiting Fukuoka to meet Cuban baseball players who are members the Fukuoka SoftBank Hawks.

Japan’s law regulating hotel operations states that guests cannot be refused unless they carry an infectious disease or are suspected of committing illegal activities. The Health, Labor and Welfare Ministry pointed out that denying accommodation based on nationality is against the law.

“The hotels operating domestically must comply with the law,” the ministry said.

“We refuse to provide service to officials of the government or state-owned enterprises of countries under U.S. economic sanctions such as North Korea, Iran and Syria,” a Hilton spokesperson said. “We would like to discuss about the matter internally in response to the guidance.”

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Nikkei Asian Review: “In rural Japan, immigrants spark a rebirth”. An optimistic antidote to the regular media Gaijin Bashing

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

mytest

Hi Blog. As an antidote to the program talked about last blog entry, where hunting NJ for public amusement and sport became yet another TV show, here’s a relatively rare article showing the good that NJ do for Japanese society: revitalizing communities that are dying, as they age and endure an exodus of their young to more prosperous cities. The article is a bit too optimistic to be realistic (given that all this progress could be undone with a simple mass cancellation of visas and government repatriation bribes; the former has happened multiple times in Japan’s history), but I’d rather have the article than not. Have a look and tell us what you think. Dr. Debito Arudou

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In rural Japan, immigrants spark a rebirth
Newcomers fill the labor and tax void as young Japanese bolt to Tokyo
YUSUKE SAKURAI, Nikkei staff writer
March 21, 2018
https://asia.nikkei.com/Economy/In-rural-Japan-immigrants-spark-a-rebirth

PHOTO CAPTION: Nearly half the students at Keiwa Elementary School in Tsu, Mie Prefecture, have at least one parent from another country.

(Courtesy of this Nikkei article)

TOKYO — In roughly three decades, the number of foreign residents in Japan has grown to 2.47 million, from just 980,000 in 1989. So while this period will go down in history as the time the country’s population went into decline, it has also brought an unprecedented influx of newcomers from abroad.

Tagalog, Portuguese, Spanish, Thai, Indonesian: The students at Keiwa Elementary School in the southwestern prefecture of Mie speak nine different languages at home. But at school they use Japanese.

“This is how you draw an equilateral pentagon,” one non-Japanese sixth-grader said nonchalantly in February. “Can you pass me a protractor?” asked another. Their fluent Japanese had no detectable accent.

Nearly half the school’s 250 students belong to at least one non-Japanese parent, making the school a microcosm of rural Japan’s new diversity.

The subject of Japanese demographics calls to mind an aging society, a falling birthrate, population decline and rural decay. And yet, under the radar, the increase in immigration has been changing pockets of the country, energizing smaller municipalities that were desperate for labor and tax revenue.

There was a time when Keiwa Elementary’s student body had dwindled to just one-seventh of its peak. But thanks partly to a rise in the number of foreign residents working in the nearby Chukyo industrial area, its classrooms are buzzing again.

Kevin Sahayan, a student from the Philippines, said he started learning Japanese when he enrolled in third grade, upon his arrival in the country. “Now that I have learned Japanese, I have more friends and I have fun playing soccer after school,” the 12-year-old said.

“Guess which nationality I am!” children asked as, one after another, they pulled the sleeve of this puzzled reporter.

“You probably won’t get it so I will tell you. I’m half-Filipina and half-Japanese. That girl over there is Japanese, and that one there …,” explained student Ai Maruyama. Asked whether she feels “different” in the environment, she said, “No, not at all.”

In Mie, overall, the number of non-Japanese newcomers more than offset that of residents who moved to Tokyo last year — 5,999 versus 5,907.

This is no small point, considering that the government is struggling to stop the hollowing out of regional industry. Nationwide, around 120,000 people relocated to the Tokyo area in 2017, mainly for education or work, according to the internal affairs ministry. It was the fourth straight year in which the figure topped 100,000, even though the government aims to reduce it to zero by 2020.

But in Gifu and Shiga prefectures, which are adjacent to Mie, increases in residents from abroad made up for 80% of departures in 2017.

In Gifu, local housing company Sunshow Industry has been helping non-Japanese residents purchase homes for five years. Its office in the city of Kani has a sign at the entrance in Portuguese, inviting passers-by to come in for a consultation. Twenty-percent of its customers are foreign nationals.

One Sunday in February, a Brazilian man came in, looking for a house that would be big enough for his family. “I have kids aged 20 and 18, so I want a house where we can have lots of breathing space,” said the 43-year-old crane operator, who has lived in Japan for about two decades.

Sunshow started catering to international residents, mainly from Latin America, as more and more came to work at a Sony subsidiary’s plant in the city of Minokamo. Unlike the kids at Keiwa Elementary, though, adults are not always so quick to overlook differences.

“Five years ago, if a Latin American tried to settle in their neighborhood, there would be many residents who would protest it,” said Toshiyuki Shiraki, who finds land for Sunshow. In some cases, the hostility persisted even after international workers moved in. A major point of contention was seemingly minor: some newcomers’ failure to separate their trash in accordance with the rules.

But Shiraki said the tensions appear to have largely subsided, after a greater effort was made to explain the local ways. Now, Japanese residents seem less averse to sharing their neighborhoods.

Even now, foreign residents make up only about 2% of Japan’s population of 127 million, but in certain places the ratio is quite a bit higher. It exceeds 5% in 31 municipalities; the town of Oizumi, in Gunma Prefecture, had the highest share of 17% as of January.

Three municipalities, including Tokyo’s Shinjuku Ward and the northern village of Shimukappu in Hokkaido, had ratios over 10%.

Other communities have taken notice of how foreign residents offer vital manpower for companies and more tax revenue for local governments. Some are actively courting immigrants.

The Hokkaido town of Higashikawa set up a Japanese language school to encourage young foreign residents to come, particularly those from other parts of Asia, like Taiwan. This is the first school of its kind run by a Japanese municipality.

The city of Mimasaka, in the western prefecture of Okayama, plans to open a sister school of Vietnam’s University of Danang.

Foreign nationals tend to gravitate to places where their children are likely to receive better education. Mie — home to Keiwa Elementary — is a testament to this. The prefecture is gaining a reputation for supporting students born to non-Japanese parents. “Mieko san no Nihongo,” a textbook for teaching classroom Japanese developed by the Mie International Exchange Foundation, has proved useful in this regard and is now used in elementary and junior high schools nationwide.

According to the Ministry of Education, the number of students requiring additional instruction in the Japanese language at public elementary and junior high schools topped 30,000 for the first time in the year ended March 2017.

The central government, too, is looking to bring more foreign workers into the country. Prime Minister Shinzo Abe last month said his government will design a reform plan for this purpose by the summer. Yet Abe is not exactly jumping in with both feet — the policy will not encourage permanent settlement, with a cap to be placed on the maximum stay and restrictions on bringing family members along.

Even so, Japan is far more diverse than it was in 1950, when there were only 600,000 residents from overseas. From large cities to tiny villages, Japanese grow ever more accustomed to mingling with their fellow global citizens. And the newcomers are breathing life into communities that looked destined to fade.
ENDS

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My Japan Times JBC Col 113: “Warning to Naomi Osaka: Playing for Japan can seriously shorten your career” (Sep. 19, 2018)

Posted on September 19, 2018November 30, 2018 by Debito Arudou, Ph.D.

mytest

Hi Blog. Developed from an earlier post on Debito.org, here is my 113th JUST BE CAUSE column for The Japan Times Community page. Here’s a teaser opening with a link to the rest of the article. Dr. Debito Arudou

==========================================
Warning to Naomi Osaka: Playing for Japan can seriously shorten your career
JBC 113 for the Japan Times Community page
By Debito Arudou, September 19, 2018

JUST BE CAUSE

First, Just Be Cause congratulates Naomi Osaka on her outstanding win over tennis legend Serena Williams in the U.S. Open. Osaka’s grace under fire was world-class, and she deserves all the plaudits she can get.

And let’s just get this out of the way: I also agree that Williams had every right to protest her treatment by a heavy-handed umpire. The ump made the game about his ability to punish instead of defuse a situation, and penalized a woman more severely than men for similar infractions.

But that commentary is for the Sports pages. Here’s the JBC issue:

Ms. Osaka, I don’t think you understand what you’ve gotten yourself into by choosing to play for Japan.

Rest at https://www.japantimes.co.jp/community/2018/09/19/issues/warning-naomi-osaka-playing-japan-can-seriously-shorten-career/

Okinawa pub posts ‘Japanese only’ admission sign based on some shaky logic

Hotels in western Japan urged not to request foreign residents’ ID

(b)Foreign nationals and individuals with a foreign appearance have reportedly been denied entry to and services of certain privately owned facilities like hotels and restaurants that otherwise serve the public, including through the posting of signage reading “Japanese only”;

(b) Create and enforce legislation against the posting of discriminatory signs and the practice of excluding public services by privately owned facilities, such as hotels and restaurants, to persons on the basis of being a foreigner or of foreign appearance;

“第3波”感染拡大止まらず クラスター・外国人支援など協議

COMMENT:

“第3波”感染拡大止まらず　クラスター・外国人支援など協議