www.debito.org


(Freely Forwardable)
NEWS UPDATE MARCH 10, 2003
Hello All. A number of things to tell you about (click on the links to page down):

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1) NEWSWEEK JAPAN: "SABETSU KOKKA NIPPON" ARTICLE
2)
SEALION TAMA-CHAN NEWS, LINKS, JAPAN TIMES ESSAY ON
FREEDOM OF ASSEMBLY IN JAPAN

3)
OTARU LAWSUIT: APPEAL AGAINST CITY: REASONS FILED
4) "THE COMMUNITY": NEW PROJECTS:
a)
TAKAMADO PROJECT ("No foreigners in English Contest")
b)
KOKUTAI PROJECT ("No foreigners in Japan's largest sports meet")
5)
INSTANT CHECKPOINTS PT 5: Response from Japan's Secret Police
6)
UPCOMING SPEECHES, and
PUBLICATION DATE FOR "JAPANESE ONLY" BOOK

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1) NEWSWEEK JAPAN: "SABETSU KOKKA NIPPON" ARTICLE

One of the best articles I've seen in the domestic press on discrimination in Japan appeared in Newsweek Japan, issue dated Feb 26, 2003, as the cover story. "Discrimination Nation Japan" took up six pages and covered several cases, opening with Otaru Onsens. See all six pages in Japanese scanned at:
http://www.debito.org/newsweekjapan022603.html

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2) SEALION TAMA-CHAN NEWS, LINKS, JAPAN TIMES ESSAY ON FREEDOM OF ASSEMBLY IN JAPAN

A brief recap: A sealion named "Tama-chan" frequents rivers in Yokohama, raising people's spirits and bolstering the local pastry economy. He became so popular that Nishi-ku Ward Office issued him an honorary "juuminhyou" (Residency Certificate) in February. This caused quite a furor with resident foreigners, who, despite paying resident taxes (juuminzei) the same as citizens, cannot be issued or listed properly on a juuminhyou. Japan is the only OECD country which requires citizenship for residency status, and this unequal treatment is particularly galling to the Zainichi Koreans, Chinese, etc., several generations born and raised here, yet are apparently not held as in as high regard by the Japanese government as a sea mammal.

Now the news: To draw attention to this unequal treatment, comedian Dave Gutteridge (ml@autotelic.com) and internet volunteer group The Community (http://www.debito.org/TheCommunity) convened a "celebration" of Tama-chan's newfound status on the banks of one of Tama-chan's rivers. Dressing up as seals (body suits, whiskers, flippers and all), on Feb 22 we barked, "We can be cute too. So can we have a juuminhyou?") in a very light-hearted event.

Result: A huge press turnout, with all major national and local newspapers, three major TV networks, Newsweek Japan, and even the BBC, CBC, and South China Morning Post covering. It was featured on wide shows (particularly "Toku Da Ne", including commentator Dave Spector, and parody Burakku Waido Show). It became one of the most successful awareness-raising campaigns The Community has ever taken up (http://www.debito.org/TheCommunty/communityissues.html). Nobody we saw in the domestic press was critical of our stance. Partly due to the humorous approach, we suspect, but also because most Japanese simply didn't know foreigners are technically not recognized as residents in Japan, and can see the absurdity.

On Feb 24, Dave and I formally presented the issue in print to very affable officials at the Nishi-ku Ward Office. We have already heard word back: They are deliberating on a formal written response. Their standpoint is they are bound by national laws and cannot change the directives of two ministries (MOJ and MOHA). True enough, but I suggested they at least formally issue a statement of support for equal treatment in the registry system. The Zainichis have since taken the issue off our hands...

Anyway, copious news coverage (including downloadable TV spots in .avi and .mov format) can be found (Courtesy Colin Restall) at
http://tamachan.restall.org

Dave Gutteridge's official Tama-chan website with photos, our statements in English and Japanese etc. can be found at
http://www.gutteridge.info/tamachan/index.html

More information on the registration process (including an article from Edward Crandall, Saga Shinbun, in English and Japanese on the quirks behind juuminhyou law, as well as town citizenship conferred on a seeing-eye dog in January), are available at
http://www.debito.org/TheCommunity/tamachanmoreinfo.html

And finally, I wrote a Japan Times article (March 4, 2003) on the limitations on the right of assembly in Japan. Yes, despite guarantees in the Japanese Constitution, you have to get official permission to assemble outdoors in Japan. We found this out the hard way by organizing the Tama-chan celebration at the last minute, running afowl of the cops. So what did we do? We stayed within the law by technically making this gathering into a "picnic". See the article (with picture--I'm the fat seal with ojisan glasses) at http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?fl20030304zg.htm

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3) OTARU LAWSUIT: APPEAL AGAINST CITY: REASONS FILED

The Otaru Lawsuit Bengodan (Legal Team), which has grown to 19 pro-bono lawyers and over 100 supporters and contributors, formally filed its "Reasons for Appeal" (Kouso Riyuusho) against Otaru City with the Sapporo High Court on March 5, 2003. The reasons are, in 70 words or less, because 1) the judge in the previous decision intentionally ignored significant facts already established as evidence (as well as accepting assertions as facts never established by submitted evidence), and 2) because Defendant Otaru City committed gross negligence in allowing "Japanese Only" signs to remain up within their jurisdiction for eight years (sending a clear signal that businesses can discriminate without official reprisal).

We held a press conference on the day. Information distributed to the press viewable in Japanese at the following sites:

Kouso Riyuusho (full text in Japanese)
http://www.debito.org/shikousoriyusho030503.html
Bengodan Info (Japanese)
http://www.debito.org/shikousohandout030503.html
General Bengodan Info in English
http://www.debito.org/bengodanenglish.html

BTW, there has been no word from the court on Defendant Yunohana Onsen's appeal against us three plaintiffs--even though they appealed about the same time as I did and are therefore on approximately the same schedule. No news is good news.

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4) "THE COMMUNITY": NEW PROJECTS:
"The Community" has webbed new information sites on some issues involving Japan's internationalization.

a) TAKAMADO PROJECT ("No Foreigners allowed in English Contest")
Coordinator: John Marshall (takamado_taikai@yahoo.com)

The Takamadonomiya Speech Contest is one of Japan's largest and most prestigious English speech contests, sponsored by Japan's Imperial Family (the late Princes Takamatsu and Takamado). It also excludes foreigners from competition. On the surface this may seem a reasonable rule, for native speakers will clearly have an unfair advantage over second-language learners. However, the contest has banned even foreigners that come from non-English-language countries (such as Chinese diaspora), who may also be learning English as a second language. It also bans people who have foreign blood, meaning even Japanese citizens who have foreign parents or grandparents are disqualified. While there is plenty of room for grey in this issue, as rules stand the potential for a student's hurt feelings and stunted study incentives is unnecessarily great. We suggest the requirements based on blood be loosened or removed entirely. Report and links to a petition available at:
http://www.debito.org/TheCommunity/takamadoproject.html
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b) THE KOKUTAI PROJECT ("No Foreigners in Japan's sports")
Coordinator: Douglas Shukert (dshukert@yahoo.com)

The National Sports Festival (or Kokutai) is Japan's largest national sports meet. Over forty events are held over three sessions (winter, summer, and fall), with as many as 30,000 Japanese athletes competing each year. Even though the Kokutai can consume more than 50 billion yen in tax money annually, the event excludes taxpayers: only citizens may participate. The best logic available holds that winners may become Olympians, meaning that they would have to be citizens anyway to represent Japan. However, in my view this is inadequate justification for excluding children from lower-level competitions which are not in themselves Olympic trials. It also encourages the view at an impressionable age that exclusion of fellow school classmates by nationality is permissible. We hope that Kokutai rules will be revised so that anyone registered in schools in Japan will be allowed to compete. Report available at:
http://www.debito.org/TheCommunity/kokutaiproject.html


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5) INSTANT CHECKPOINTS PT 5: Response from Japan's Secret Police

You might remember a little incident I had with the police at Chitose Airport last December, when a cop demanded to see my passport as I was coming out of a post office (background at http://www.debito.org/policeapology.html). Since under Japanese law (Shokumu Shikkou Hou) this activity is illegal without probable cause (soutou na riyuu), the only reason the cop did this was because he thought I was a foreigner--making this a case of racial profiling. Filing requests for an explanation and an apology with the Chitose Airport police, the Hokkaido Police (twice), and the Ministry of Justice Human Rights Bureau (Jinken Yougobu), I was given predictable excuses (the cop couldn't have known I was a Japanese without asking my ID, as if that justifies the intrusion; the Human Rights Bureau says it has no power to enforce laws, only to encourage "enlightenment" (keihatsu), etc.). I was also steered by the latter towards the Public Safety Committee (Kouan Iinkai--a division of Japan's secret police, who spy on undesirable elements in Japanese society, such as Aum Shinrikyou and sundry foreigners--particularly the Russians and Chinese). I sent them my report as well.

I received an answer from the Kouan Iinkai this morning. Results of their survey: The cop was decidedly within his rights to ask questions about a person's livelihood (shokumu shitsumon). As I am a Japanese citizen, my right not to answer was in their view suitably upheld. No apology for the unjustified intrusion was necessary, as they were just doing their job.

Hum. Goes to show, you can't expect cops to police themselves. And given the revelations in a recent court decision (the Okegawa Case, where a woman being stalked had her repeated pleas for help ignored by police; when she was ultimately killed by her stalkers, the police falsified documents to make it seem like she didn't ask for help properly. In a landmark decision, the Saitama District Court last monthforced the police to pay her parents 5,500,000 yen for negligence; moreover, Japan finally has a Anti-Stalker Law now to make sure this doesn't happen again), I am not confident in the police's ability to abide by the public duties they are entrusted in, especially when they can so freely bend the laws. (More on the Okegawa Case at http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?nn20030227a1.htm)

What next? Short of a lawsuit (and I'm already involved in one of those), I don't know. But I do have a couple of reporters interested in this story...

See the letter I got from the Kouan Iinkai in Japanese at
http://www.debito.org/chitosecopcheckpoint.html#kouaniinkai

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6) UPCOMING SPEECHES
PUBLICATION DATE FOR "JAPANESE ONLY" BOOK


a) Saturday, March 15, 2003, between 3 and 4:30 PM I will be speaking (along with Ryougoku Univ Prof Tanaka Hiroshi) on the Otaru Lawsuit Appeal in Atago, Tokyo (Minato-ku Atago 1-6-7, Atagoyama Bengoshi Bldg Kaigishitsu, about 7 minutes from Toranomon Stn.). Prof Tanaka's topic will be "Responsibilities of the local and national governments vis-a-vis discrimination". Both presentations in Japanese. Sponsored by the Japan Civil Liberties Union (http://www.jclu.org). More information via 03-3437-5466, FAX 3578-6687

b) Saturday, March 22, 2003, 1:30-3PM, I will be speaking on life in Japan at Kurisawa-chou, Sorachi-gun, Hokkaido, Kurisawa Chomin Center. Sponsored by the Kurisawa-Chou International Communications Committee. Attend either if you like.

Finally, my book, entitled "JAPANESE ONLY--The Otaru Exclusionary Onsens Issue and Racial Discrimination in Japan", will be coming out in Japanese at the end of March. 270 pages, published by Akashi Shoten KK (http://www.akashi.co.jp).

Preliminary cover viewable at http://www.debito.org/nihongo.html#JObook
I am working on the English version. Interested?

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All for now. As always, thanks for reading!

Arudou Debito
Sapporo
debito@debito.org
March 10, 2003

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