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Debito’s SNA VM column 58 “Japan’s Census Shenanigans”: How Japan’s registry system and accounting of foreign residents has led to statistical inaccuracies and exclusionary politics (July 30, 2024)

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SNA VM 58 JAPAN’S CENSUS SHENANIGANS

Subtitle:  How Japan’s registry system and accounting of foreign residents has led to statistical inaccuracies and exclusionary politics

By Debito Arudou, PhD.  Shingetsu News Agency, Visible Minorities column 58, July 30, 2024

Courtesy https://shingetsunewsagency.com/2024/07/30/visible-minorities-japans-census-shenanigans/

A fundamental issue for any country is knowing who lives there, and this is generally measured by a national census every ten years.

Censuses are serious things.  They should accurately reveal in granular detail who people are, where they live, and how they live, in order for public policies to effectively target social services, health and welfare.  Censuses even have international standards, with the United Nations’ Statistics Division providing a template.

In 2020, the UN approved the “World Population and Housing Census Programme,” which “recognizes population and housing censuses as one of the primary sources of data needed for formulating, implementing and monitoring policies and programmes aimed at inclusive socioeconomic development and environmental sustainability.”

The UN notes that, “Disaggregated data are fundamental for the measurement of progress of the 2030 Agenda for Sustainable Development, especially in the context of assessing the situation of people by income, sex, age, race, ethnicity, migratory status, disability and geographic location, or other characteristics.”

Yet a seemingly simple act of a headcount is subject to nasty political tugs-of-war.

POWER IN NUMBERS, IF MEASURED

For example, in the late 2010s, the Trump Administration pushed hard to insert a nationality question in the US Census.  The unstated reasoning behind not counting non-citizens (as exposed by the New York Times) was purely political.  Republican policymakers wanted to shrink the populations of urban areas (which generally vote more Democrat) so they would get less federal funding.  It would also shrink Democrat power in terms of electoral delegates, helping Republicans win elections and further gerrymander electoral districts in their favor.

In other words, the GOP wanted to stop counting immigrants as people because they wanted to counteract an inevitable demographic phenomenon—the United States getting browner.

Fortunately, the Supreme Court ultimately blocked this move, so the current policy of the US Census remains to count all people in the US, regardless of legal status, as denizens.  But that’s the power of a Census—counting people is the lynchpin of political representation.

JAPAN’S STATISTICAL HOCUS-POCUS WITH COUNTING EVEN DOCUMENTED FOREIGNERS

In Japan it’s even more politicized and nasty, but that’s not news.  Japan has steadfastly refused to account for its foreign population for generations.

For example, from 1947 onwards, despite their contributions to Japan’s wartime effort as soldiers and citizens of empire, Japan stripped all resident ethnic Koreans and Chinese of their Japanese citizenship and residency.

By doing so, Japan effectively ethnically cleansed the country.

It worked like this:  Japan has two registry systems.  One, the koseki system, confers Japanese citizenship.  The other, the basic resident roster (jumin kihon daicho), determines residency.

By excluding foreigners from the latter, the local resident rosters, all foreigners were rendered as legally invisible on local household (setai) registries.  Even if they were married to Japanese—foreign spouses simply weren’t listed as “family members.”

Similarly, Japan refused to issue foreigners living in Japan equivalent Residency Certificates (juminhyo), which are essential to establishing basic amenities such as bank accounts.

In other words, anyone not officially a Japanese citizen on a koseki was not an official Japanese resident (jumin) either.  Japan remained the only “developed” country in the Postwar order doing this, long into the twenty first century.

After enough embarrassing oddities making the news (e.g., local governments granting honorary juminhyo to stray animals and cartoon characters), the system was amended in 2012 to allow Foreign Residents with legal residency visas to be issued juminhyo.

But to this day Japan still excludes foreigners from the jumin kihon daicho.  This means they are not counted in Japan’s official population tallies.

Look closely at the government’s next annual announcement of population decline.  The wording includes the caveat that they are talking about the “population of Japanese” (nihonjin no jinko), not the “population of Japan” (nihon no jinko).  This despite the fact that Foreign Residents live in and pay taxes in Japan like any other Japanese?  Again, you have to be a citizen to be countable.

Nasty old habits die hard.

CONTROL THE CENSUS AND MAINTAIN JAPAN’S ETHNOSTATE

So what about Japan’s broader decennial Census (kokusei chousa)?  Does it better account for the status of Non-Japanese in Japan?

I turned to scholar Dr. John C. Maher, Professor Emeritus of Linguistics at International Christian University, and author of works including “Language Communities in Japan” (Oxford University Press, 2022), “Multilingualism:  A Very Short Introduction” (Oxford, 2017), and “Diversity in Japanese Culture and Language” (Routledge, 2012).

To see how diversity was measured in censuses worldwide, his approach was to look at how closely they adhered to UN census protocols.  Let’s start with what he found intriguing from a linguistics point of view:

“There are around 211 censuses in the world.  Most never ask about what language is spoken by the household.  For example, Italy, Holland, Germany, Sweden, and Greece do not.  But Australia, England, Scotland, Ireland, the United States, New Zealand—in other words, the English-speaking countries—do.”

But if you’re going to include questions about languages spoken, Dr. Maher stresses, do it right.  “Questions like these are tendentious.  Some may actually create the wrong impression.  For example in Britain, the question asked is, ‘What is your main language?’  From a linguistics standpoint, that’s poorly constructed.  No answer will give you dispositive data.”

Japan doesn’t include a language question either, and in Dr. Maher’s view this is quite “normal” among the community of nations.  What Japan does do surprisingly well, he notes, is acknowledge domestic multilinguality.

“Japan publishes its Census in 22 languages.  Most countries, including the United States, come nowhere near that number.  You can, of course, opt to get the Census in Japanese, so it’s not forced on you.  But that’s a remarkable effort to communicate with your foreign population on the part of the government.”

However, there is one question Japan also conspicuously leaves out:  a question on race and ethnicity.

That’s odd since Japan’s Census is otherwise pretty nosy.  It asks detailed questions about socioeconomic status, income, household members, etc.  As it should, for reasons argued above.

But a number of my friends (who harbor abiding concerns about what any government does with your data) consider the Japan Census overly intrusive, and treat it like the NHK guy knocking to collect TV subscriptions.

To get around that predisposition, the Japanese government stresses that answering Census questions is entirely optional.

But how about making it optional for respondents to reveal their racial or ethnic backgrounds?

The Japan Census for decades now has refused to include that question.

It does, however, ask about nationality.  And that’s where I see the politics tiptoeing in.

For example, when I (as a Japanese citizen) fill out the Census, there is a question about nationality.  You either choose “Japanese” or “Foreign;” and if the latter, indicate your country of citizenship.

As a naturalized citizen, I tick “Japanese,” of course.  But there is no means for me to indicate that I am a Japanese with American ancestry/ethnicity/national origin, etc.  If I could, I would indicate my hyphenated status.  A “Japanese with American roots” (beikoku-kei nihonjin).

But I can’t.  The Census remains willfully blind to that.

I asked Dr. Maher why.  “A former member of the committee for the national census told me that questions about ethnicity and language are omitted because of concerns about privacy.”

Suddenly now there’s a privacy concern?  Even though making things optional should obviate that?

“I don’t have a hypothesis for that.  When I have one, I will ask the Japan’s Census Committee.  But I imagine their answer will be something along the lines of, ‘Our privacy concerns are the same as every other country.’”

Dr. Maher concluded, “Granted, most countries don’t follow the guidance from the UN Census Committee, despite their experts from many countries on how to do a census.  So I have little doubt that Japan believes it is not acting anywhere outside the international norm.”

WHY DOES THE JAPAN CENSUS OPT TO BE INACCURATE?

Dr. Maher, being the cautious academic, doesn’t have a hypothesis yet.  But here I’m writing in the capacity of a newspaper columnist, and it’s my job to have an argument.  So I will offer mine:

Japan doesn’t inquire about race and ethnicity because that data would uncover an inconvenient truth—that Japan is in fact more multicultural and multiethnic than official narratives would hold.

Japan has had generations of international marriages and fairly small (but unignorable) numbers of naturalized citizens.

Those people will not show up as such on the Japan Census.

This matters.  Thanks to the bloodline assumptions (enshrined in Japanese law) that anyone with Japanese citizenship is of Japanese blood, many people (even some overseas academics who should know better) erroneously assume that Japan has few, if any, minorities; and even if they exist, they are invisible.

Never mind the existence of Visible Minorities that ground this very column.  Never mind the evidence of “Japanese Only” signs.  Never mind all the cases of police racial profiling during street shakedowns, targeting Japanese citizens who don’t “look Japanese.”

Their existence is officially overlooked by the Japan Census by having only a nationality question.

This is essentially a means to deny policy relief to Japan’s Visible Minorities, unilaterally deciding they aren’t worthy of being counted.

Without any hard data, now comes the repeated claims by the Japanese government in the United Nations that Japan doesn’t need a law against racial discrimination.

Why?  Because Japan has no races.

Japan’s international representatives have officially and repeatedly stated that all Japanese citizens belong to “the Japanese race,” and any discrimination that happens is happening to “foreigners,” due to their foreign nationality.  It’s “foreigner discrimination,” not “racial discrimination.”

Thus in Japan you are either a Japanese or a foreigner.  The binary must hold.  And the Japan Census’s nationality-only question explicitly upholds it.

Dr. Maher would not explicitly say that the Japan Census deliberately chooses to maintain the fiction that Japan is monocultural and monoethnic (tan’itsu minzoku).

So I will.  That’s its goal.  It opts to be inaccurate.

Because it’s completely within character.  Given the long and continued history of excluding foreigners from population and residency tallies, the National Census’s undercounting Japan’s people with foreign roots is just another nasty old habit.

There are another five years before Japan’s next Census.  Plenty of time to make amends and amendments.

Add the optional race and ethnicity question, include foreign residents as part of the official Japan population, and give us some official data for just how diverse Japan actually is.

ENDS

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Debito’s SNA VM column 57: “Overtourism as racism” (July 1, 2024). Most media on too many foreign tourists in Japan ignores how xenophobes are using “overtourism” to bully foreigners. Debito.org even argues it’s producing discriminatory policies worse than “Japanese Only” signs!

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Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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“OVERTOURISM” AS RACISM

Much media has covered the downside of too many foreign tourists in Japan. Less attention has been devoted to how xenophobes use “overtourism” as a means to bully foreigners.

By Debito Arudou, Ph.D.

SNA Visible Minorities column 57, July 1, 2024

Courtesy https://shingetsunewsagency.com/2024/07/01/visible-minorities-overtourism-as-racism/

In late May, Joshua Sherlock, an eight-year resident of Kyoto offering local tours, took a group of foreign tourists on an evening visit of Yasaka Shrine.  They were confronted by a local middle-aged woman (Twitter handle @fujino_ojo), accusing them of ringing the shrine’s bell too loudly and disrespecting a religious place.

Fujino took the liberty of filming the occasion, and according to her video, Sherlock’s group apologized multiple times.  But she still chased after them as they left.  Sherlock repeatedly asked her to leave them alone in English and Japanese, to which Fujino accused Sherlock of discrimination because he spoke English to her.  Finally, he answered in Japanese using the same tone she used on him.  Claiming Sherlock had “rudely brushed her off,” Fujino then uploaded her videos to Twitter where they got a million views.

What happened next was devastating.  According to The Times (London), Sherlock’s family reported people telephoning his home to scream insults and demand he leave Japan.  A removal van arrived to collect their belongings.  Strangers began prowling their neighborhood, and somebody threatened to set their apartment on fire.  His wife began having panic attacks and their daughter was taken out of school.  

Sherlock says that he no longer feels safe in Kyoto, and, suspending his tour services, fears that even stepping outside might result in him being “attacked by a lynch mob of extreme right-wing people.”  

The Times’ headline:  Japanese hospitality wears thin as overtourism takes toll”.

“OVERTOURISM” AS A MEANS OF HARASSMENT 

“Overtourism” has become a trendy word to describe Japan attractions (e.g., Shibuya Scramble, Hachiko, Ginza, Kyoto, Senso-ji, Mount Fuji) being overrun by tourists.  But in Japan the word is specifically associated with “foreign tourists,” i.e., mobs blocking traffic, disrupting local businesses and mores by littering and chattering away in their foreign languages.

I don’t dispute that “overtourism” can happen.  Too many people crowding into a place can produce problems of noise, pollution, disruption, and property damage.  

But be careful about associating it with “foreigners.”  As evidenced by the Karen-esque confrontation at Yasaka Shrine, it’s giving license to Japan’s busybodies, bullies, and xenophobes.

This column will argue that “overtourism” is not only becoming the latest incarnation of racialized bullying, it’s also producing reactionary public policies that are actually worse than the “Japanese Only” signs of yore.

WHAT EXACTLY DOES JAPAN WANT FROM ITS TOURISTS?  

Given Japan’s excellent public transportation systems, tourism has long been a source of economic activity.  As Japanese discovered they had more disposable income, depopulating rural areas realized they needed more revenue.  

So local governments launched programs to encourage people to visit.  Even during the privations of the pandemic, there were subsidized traIns, cut rates on hotel and airplane packages, and ad campaigns for local festivals and seasonal sights encouraging people to get out and spend money.

This included foreign tourists.  Hard to believe now, but Japan once whined that there weren’t enough foreigners sightseeing.  An article in the June 6, 2010, Asahi Shinbun grumbled that Chinese consumers were being “stingy,” noting their “tendency to scrimp on accommodations and meals and bypass tourist attractions for the main purpose of their trips—buying electronic appliances and designer brand clothing and accessories.”  

So the national government steered them towards those attractions with slogans about Japan’s special “omotenashi” (hospitality) and splashy “Cool Japan” and “Yokoso Japan” campaigns worldwide.  For good measure, Japan also sponsored major international competitions such as the FIFA World Cup, the Rugby World Cup, and the Olympics.  

The goal was to make Japan a major world tourism destination.  They succeeded beyond their wildest dreams.  

In 2023, according to the World Travel and Tourism Council, Japan’s tourism sector was forecast to employ about 5.6 million people and represent 6.8% of Japan’s GDP.  With the devalued yen, I expect the numbers will be even better this year.

But there can be too much of a good thing.  Local governments in Kyoto and Mt. Fuji have started restricting entry to certain areas.  A town in Yamanashi famously put up a screen to block a view of Mt Fuji behind a convenience store, blaming this overkill on “bad manners” from foreign tourists.  And as seen in the Yasaka Shrine case, there have been increased confrontations with “culturally disrespectful” tourists.

The flip side is that there are people eager to take offense and capitalize on confrontation.

“CULTURAL DIFFERENCES” USED AS A WEAPON

In 2019, this column wrote about how Halloween in Shibuya was a target of “Xeno-Scapegoating”, where drinking in public was somehow portrayed as an imported problem.  Yes, despite Japan being the origin of “cosplay,” the seasonal festivals and outdoor partying, entertainment sectors in every Japanese city, and the lack of open container laws, Shibuya Mayor Ken Hasebe made that argument with a straight face when he banned all festivities in 2023.

He could because whenever foreigners are proximate to a problem, they tend to get blamed for it.  

Why?  Because of cultural conceits about “unique Japan.”  If Japan is different from everywhere else in the world, foreigners must axiomatically have “different manners” (or they wouldn’t be foreign).  So “cultural differences” are seen as an inevitable source of problems wherever foreigners congregate.

But there are people who take advantage of this dynamic:  bullies.  They exist in every society, but are especially powerful in Japan because of the general avoidance of confrontation.  They get a freer hand to push people around because fewer people push back.

Bullies generally prey on the vulnerable, so they especially like to push foreigners around.  After all, foreigners are supposed to be “guests” (not residents) while Japanese are their “hosts,” so the former occupies a lower rung on the social ladder.  (If you doubt that, consider how it is official policy in Japan’s civil service to not grant administrative jobs to foreigners, expressly because they would have authority over Japanese.  They must remain subordinate.)

This makes foreigners, not to mention Japan’s Visible Minorities (Japanese citizens who do not “look Japanese”), an easy target.  Allow me to illustrate.  

Last month I was lined up waiting for a taxi in front of Tokyo Station, and just as a cab pulled up for me, some pushy middle-aged guy jumped the line and took it.  When I told him in Japanese that I was in fact next, he cursed me out, shouting that I should speak “proper Japanese” (peppered with a few “omae”s to establish dominance).  So I obliged, telling him in “proper Japanese” to get bent and eat shite.  Clearly not used to being challenged by the likes of me, he shut up, took my cab anyway and fumed as the door closed.  I got the next cab and got on with my day.

Now, if any culture-policing Karen at Yasaka Shrine had been filming that, they would have seen people in line apologizing to me.  I also looked over the crowd and saw no hairy eyeballs on me, so clearly they had seen his queue jumping too. 

But the lesson I took from this incident is this:  The bully chose the foreign-looking guy as the spot to jump the queue, thinking he could get away with it.  And he kinda did.  

Now consider what happens when these bullies think they can empower themselves as Culture Police as part of the “overtourism” backlash.

FROM ENFORCEMENT OF THE RULES TO MAKING UP YOUR OWN RULES

Live in Japan long enough and you’ll probably encounter the Culture Police.  They’re essentially the people wanting foreigners to “get off their lawn.”  Of course, all of Japan is their lawn and they consider themselves the arbiter of “the Japanese Way.”  

They’re in parks enforcing arbitrary rules like telling you not to eat in public or talk loudly in foreign languages.  Or they’re gruffly sorting through your garbage bags on Gomi Day assuming foreigners can’t follow the rules.  Or drunkenly giving you a piece of their mind on the street regarding something they’ve taken an instant dislike to, such as your not walking on the correct side of the sidewalk or daring to date a Japanese.  

Some of these weirdos take their policing role quite literally.  There have been cases of people masquerading as uniformed cops to demand foreigners’ ID and get their private details, which is one reason why the government rendered that info invisible on Gaijin Cards.

Usually it’s best to ignore these Karens.  But sometimes you can’t, especially when they swarm online.

Yasaka Shrine is an excellent case in point.  It’s one thing for Fujino to point out somebody’s social faux pas, then accept their apologies in good faith.  It’s a completely different matter to film them and vindictively upload it for millions to see, encouraging doxxing, destroying Sherlock’s livelihood and terrorizing his family.

But the online swarm went even further, calling their shrine visit a “desecration” (fukei), and advocating criminal prosecution under Penal Code Article 188 with 6 months imprisonment and a 100,000 yen fine.  So if they didn’t drive Sherlock out of Japan, they could try to get him arrested.  

All this for ringing a bell too loudly. 

BULLYING CRYSTALIZING INTO BAD GOVERNMENT POLICY

But the overkill doesn’t stop there.  Riding the backlash to “overtourism,” people are already creating nutty policies that target foreigners.

Restaurants are charging higher “foreigner” prices and blaming it on Japan’s cheapening yen.  Local government officials are demanding an entry tax for foreign tourists at attractions.  The Osaka Governor and Himeji Mayor are currently considering a significant Gaijin Surcharge to enter their local castles.  Others have established “foreigner-only” buses and hotels.  

It only promises to get more amateurish.  For example, Remi Kimura, indicatively a “former volunteer guide who currently works in the social media content industry,” somehow got a one-off column published in the Japan Times on June 21 calling for an “arrival tax” on foreigners, to “dissuade some from coming to Japan while funding cultural preservation.”  

What was she basing this on?  She opens with how she went back to her hometown in the Japan Alps, finding a restaurant with “avocado toast” and “cold cuts and bread,” something she claimed “virtually no Japanese person would order.”  To her this was evidence that “tourism has transformed the places of my childhood.”

I’m not sure what she’s trying to preserve beyond her own personal preferences.  I found a charcuterie plate (rendered as such in katakana) at a local craft beer place in Tokyo Jinbocho.  I also found avocado sushi combos in a kaiten sushi restaurant in Engaru, all the way out in the Hokkaido outback.  

Photo:  Avocado on the menu:  Toriton restaurant, Engaru Town, untouristed Hokkaido, June 2024.

Neither place is overtouristed.  So Kimura is essentially blaming foreigners for Japanese tastes evolving when she wasn’t looking.  Get off my lawn!

“OVERTOURISM” COUNTERMEASURES ARE IN FACT WORSE THAN “JAPANESE ONLY” SIGNS

When I put this issue up on Debito.org last month, regular commenters had a lot to say.  One even made the case that Gaijin Surcharges (dual pricing systems, or nijuu kakaku sei) are actually worse than “Japanese Only” signs and rules outright excluding all foreigners.  

First, exclusions cost the company because they lose business.  On the other hand, overcharging foreigners rewards the company with more money.

Second, how will the dual pricing systems be enforced?  Will Foreign Residents have to produce their Gaijin Cards to prove their residency?  Will these ID checks, once unlawfully required by hotels at the behest of the police, now be expanded to regular shops nationwide?  Will Japan’s Visible Minorities also be forced somehow to prove their Japaneseness to get the “local” price?

Third, the pressure to change course disappears.  A “Japanese Only” sign not only invites public shame, it is in fact unconstitutional with lawsuits supporting its removal.  A Gaijin Surcharge is a lot more sustainable and probably harder to challenge in court, especially if the government is behind it.  

So financial incentives are there to make things more expensive for foreigners only nationwide, including those working here and getting paid in Japanese yen like any other Japanese.  The social hierarchies that already force “foreigners” onto a lower social rung are now fostering an economic apartheid.

CONCLUSION:  YOU WANTED THEM HERE.  NOW PROTECT THEM.

The utter irony behind this situation is that, again, Japan wanted tourists to save Japan’s economy.  Now that they’re here doing so, they’re getting punished.  Local governments are succumbing to vocal xenophobes and coming up with discriminatory policies.

Foreign Residents and Visible Minorities are also getting caught in the backlash.  What’s happening to Joshua Sherlock’s family is not just Cultural Karenism.  It’s outright terrorism.   

Japan has for nearly three decades already refused to protect foreigners against racial discrimination despite international treaty promises.  Not protecting them from the “overtourism” bullies is similar negligence.  

What should be done?

First, let’s create an official definition of “overtourism” that doesn’t encourage foreigner bashing and racial profiling.  Have it show some nuance that reflects the fact that plenty of tourists are Japanese citizens and Foreign Residents too.

Second, develop suitable infrastructure to accommodate incoming foreign tourists.  If that means siphoning off numbers to more outlying attractions, make that possible and do the groundwork to prepare locals for any anticipated language and cultural barriers.

Third, bring in qualified tourism experts.  Not the “get off my lawn” Cultural Karens with an aversion to avocado.  From what I’ve witnessed, the “overtouristed” places are already doing a pretty good job.  Get their advice on how to protect our “guests” as good “hosts” should.  

Above all, stop blaming the tourists for doing what you asked them to do—come here and enjoy themselves.  Yes, tourists can be more respectful and mannerly.  But make those rules, norms, and manners clear, and enforce them gently but firmly.

And do it quickly.  Japan’s cultural hypersensitivity is already a source of overseas humor.  Last month The Onion ran a satirical article entitled, “Tourist Immediately Breaks 34 Sacred Local Customs While Deboarding Airplane,” where an American “within 30 seconds of unbuckling his seat belt at the gate, had unknowingly violated countless unwritten rules that inhabitants of Japan had observed for thousands of years.”  

Tourists can always take their money elsewhere. After decades of effort to get them here, don’t let Japan’s Cultural Karens, bullies, and xenophobes spoil things for everyone.

ENDS

======================
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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)

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Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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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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Debito.org Reader XY on “Rakuten Card is asking for sensitive Koseki Family Registry documents for Naturalized Japanese clients as a prerequisite for continued service”, even though nobody is clearly requiring them to.

mytest

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Hi Blog. Forwarding with permission from Debito.org Reader XY. Lightly redacted. The dragnet of suspecting any foreigner, including NJ Residents, of being a money launderer expands to people who are no longer foreign as well. Debito Arudou, Ph.D.
//////////////////////////////////////

From: XY
Subject: Rakuten Card is asking for Koseki of Naturalized Japanese clients
Date: March 4, 2024
To: “debito” <debito@debito.org>

Dr. Debito,

I’m writing you because I’m experiencing a new type of discrimination by Rakuten Card.

I’ve been a Rakuten Card owner since 2014, and it is the card I’ve hold the longest, making it the biggest chunk of my credit history.

Also, I’m a naturalized Japanese citizen, that naturalized back in 20XX, and one month afterwards I had already completed all the requirements for change of name and status according to what I was asked by Rakuten Card, which, if I remember correctly, required me to send copies of documents proving my change of name and status.

About a month ago, I received a mail by Rakuten Card asking me to send them a copy of my current Residence Card. I was very confused by this, so I contacted them, and they told me that since when I applied for the Card I was a foreigner, I needed to provide them with something that “proved” my residence status, and they asked me for my koseki, which is insane.

I told them that I already gave them the documents they required back when I naturalized, that I’ve never been asked this by any other Bank or Credit Card company, and that it is insane for them to ask me for a Koseki Family Registry, which is a very sensitive document that should be handed for these kind of requests, since something as simple as my Juminhyo Residency Certificate, which I think is what I sent back in 20XX proved my nationality, and they also have my “My Number” information, which should gave them access to corroborate this.

They insisted that this was something that the Financial Services Agency as part of an anti Money Laundering KYC thing, I asked them to give me more specifics on this, and they refused to do so, so I called the Financial Services Agency, and they told me in non ambiguous terms that they have not asked Rakuten Card to do this, that the Agency is in fact not responsible for this stuff regarding Credit Cards, and that the people responsible for all Anti Money Laundering guidelines and such are actually the Police.

I called once again Rakuten Card to confront them with this information, and in very wishy washy terms, being careful of not making any definitive statements about it, that this was part of some measured BASED on some ambiguous public request by the Financial Services Agency which they cannot give any specifics for, and that unless I provide them with my Koseki, they will terminate my contract.

I pointed out how this is obviously discrimination, as getting a card as a Japanese citizen NEVER requires you to give your Koseki, and if I wanted, I could just cancel my current account, and then open a completely new one, and there would be no requirements like these, and even though they acknowledged that I could do that, they continue to say that unless I give them my Koseki they will cancel my account, and that “this will not change no matter what”. I asked them to then reimburse me for the cost of getting my Koseki, and of course they said they couldn’t do that.

To be honest, right now I rarely use my Rakuten Card, as it has become more and more useless over the years, and I have way better cards that have never discriminated against me, so outside of the credit history, I don’t care so much about losing that card, but this is 100% without a doubt a discriminatory treatment against someone who is a Japanese citizen.

At this moment, I’m trying to get in contact with regulators to tell them about what Rakuten Card is doing to their customers, and if necessary, I’m also thinking of taking legal action against Rakuten Card if they in fact cancel my contract. – XY

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

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

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

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

mytest

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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.

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

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

KYODO NEWS.png

 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.

photo_l.jpg

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:

======================
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My SNA Column 39: Visible Minorities: “Never Forget Japan’s Racist Covid Policies” (Oct 24, 2022), where I ask you to seriously reconsider devoting your life to a place that could revoke your legal status at any time

mytest

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Visible Minorities: Never Forget Japan’s Racist Covid Policies
SHINGETSU NEWS AGENCY, OCT 24, 2022 by DEBITO ARUDOU in COLUMN
https://shingetsunewsagency.com/2022/10/24/visible-minorities-never-forget-japans-racist-covid-policies/

SNA (Tokyo) — This month Japan finally lifted its Covid restrictions and reopened its borders to tourists. Well, whoop-de-doo.

For now, foreigners will no longer suffer entry caps, or go through extra procedures just because they’re foreign, such as being sequestered in foreigner-only floors of hotels with tour-minders so they don’t wander off and contaminate the rest of Japan.

Never mind that Japanese entrants, barely subjected to these strictures put on foreigners, had all this time predictably infected Japan quite freely.

Remember how this whole thing started back in 2020, when cases were found in Yokohama Port aboard a luxury liner called the Diamond Princess? It soon became mired in Japan’s bureaucratic politics, the ship’s patients counted by no country as part of their Covid case total. This was the bellwether for Japan’s future Covid border policies of incompetence and racism…

Rest at https://shingetsunewsagency.com/2022/10/24/visible-minorities-never-forget-japans-racist-covid-policies/

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My SNA VM35: “Visible Minorities: Torture and Murder in Japan Detention Centers” (June 20, 2022) including the Sandamali, Suraj, Fernando, Okafor, Ekei etc. Cases.

mytest

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Visible Minorities: Torture and Murder in Japan Detention Centers
Shingetsu News Agency, June 20, 2022, by Debito Arudou

https://shingetsunewsagency.com/2022/06/20/visible-minorities-torture-and-murder-in-japan-detention-centers/

SNA (Tokyo) — News Headline: “Prosecutors drop case over death of detained Sri Lankan woman.”

In August 2020, a Sri Lanka national named Ratnayake Liyanage Wishma Sandamali was arrested for overstaying her visa, and detained in a Nagoya Immigration Detention Center. She had arrived in Japan in 2017, but her student visa was cancelled in 2019 because she couldn’t afford tuition fees. While in detention, she opted not to return to Sri Lanka, reportedly due to reduced flights during Covid and an abusive boyfriend back home.

During her seven months in custody, however, Sandamali’s health steadily declined due to a stress-induced stomach condition. According to the Straits Times, Sandamali “was vomiting blood in her final days, and was so weak that she had no control of her arms and legs. The immigration authorities allegedly turned a blind eye to medical expert advice to put her on an intravenous drip or to grant her provisional release to ease her stress. A report by public broadcaster NHK suggested that officials tend to suspect malingering for minor illnesses in their reluctance to grant provisional release.”

That’s a questionable decision, since she had lost 20 kilograms from her small frame over seven months—hard to dismiss as mere “malingering” or “minor illness.” And her decline was not sudden: According to the Asahi Shinbun, she had notified her jailers from mid-January about nausea and lack of appetite. Nineteen days before her death, a urine test indicated she was in a state of starvation. The New York Times noted that in her final days she could ingest little more than water, sugar, or morsels of bread, and could barely make a fist or speak. Yet she was again refused provisional release for hospital treatment.

On March 6, 2021, Sandamali died in her cell, aged 33. An August 2021 postmortem probe by Japan’s Immigration Services Agency ruled that Sandamali had been “mistreated” by the Nagoya Regional Immigration Services Bureau, formally reprimanding the bureau’s director and three other supervisors for not reporting her requests for examination and treatment to an outside doctor.

But overlooked was cruelty of her captors. According to Nikkei Asia, “one immigration officer allegedly mocked Wishma when she was unable to swallow her drink,” and the Mainichi Shinbun reported that other Immigration officers misled a doctor about her condition two days before her death, dismissing her illness as merely “psychosomatic.”

By the time Sandamali’s family received her body, “her skin was wrinkled like an old person, and it was stuck firmly to her bones.” In November 2021, Sandamali’s family lodged a criminal complaint against officials at the Nagoya facility, accusing them of murder through willful negligence.

Unfortunately, as noted above, last week the Nagoya District Public Prosecutor’s Office dropped the Sandamali case, citing an inability to establish criminal liability or even a cause of death, blaming it on “multiple factors.”

Multiple factors indeed. Sandamali’s case is not unprecedented. According to CNN, since 1997 at least 27 foreign detainees have died in Japan’s Immigration detention centers (aka “Gaijin Tanks,” because they detain foreigners only).

The main factor here is the cruel and unusual punishment by public officers, expressly forbidden under Article 36 of the Constitution.

Yet nobody has ever been held criminally liable for foreigner deaths in detention. That’s what makes Japan’s Gaijin Tanks so cruel and unusual.

Let’s consider a few more cases, then talk about the system that killed them…

Read the rest at https://shingetsunewsagency.com/2022/06/20/visible-minorities-torture-and-murder-in-japan-detention-centers/

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Asahi: “Prosecutors drop case over death of detained Sri Lankan woman”, predictably ending Criminal Case brought by the family of Wishma Sandamali, and keeping Japan’s deadly “Gaijin Tanks” unaccountable

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Hi Blog. The Wishma Sandamali Criminal Case has sadly reached a predictable end: Japanese prosecutors have dropped their case against the people in charge of the Immigration “Gaijin Tank” Detention Center that killed her through negligence.

We’ve talked about the Sandamali Case here on Debito.org before, as we have the many other cases of death and destruction in Japan’s cruel Detention Centers. One of the reasons they remain so cruel is that they face no accountability, as seen here.  And prosecutors declining to prosecute those who kill foreigners have been discussed at length in my book Embedded Racism, Chapter 6, “A ‘Chinaman’s Chance’ in Japanese Court” (with 2022 updates of more cases, including Sandamali’s, in the Second Edition).

The Civil Case for damages brought by the Sandamali family is ongoing.  But I am not optimistic about justice being done there either.  Debito Arudou, Ph.D.

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

Prosecutors drop case over death of detained Sri Lankan woman
THE ASAHI SHIMBUN, June 17, 2022, courtesy of lots of people.
https://www.asahi.com/ajw/articles/14647083

Public prosecutors will drop their case against senior officials from the Nagoya Regional Immigration Services Bureau over the death of a Sri Lankan woman at an immigration detention facility, according to sources.

Wishma Sandamali, 33, died in March 2021 at a facility run by the bureau, in a case that sparked widespread outcry over her mistreatment.

The Nagoya District Public Prosecutors Office launched an investigation into whether the senior officials in charge at the time had committed murder or negligence as a guardian resulting in death, responding to criminal complaints against them from Wishma’s family and others.

Sources said the prosecutors office concluded it cannot establish criminal liability in this case following discussions with another prosecution office that is higher in rank.

The decision is expected to be communicated to those who made the criminal complaints, including Wishma’s family members, on June 17 at the earliest.

This will effectively end the investigation into criminal liability of the senior officials.

According to a report compiled by the Immigration Services Agency in August last year, Wishma came to Japan as a student in June 2017.

She was held at the detention facility after being arrested for overstaying her visa in August 2020.

Her health rapidly deteriorated in the facility and she started to complain about loss of appetite and nausea from mid-January 2021.

Her urine test showed that she was in a state of starvation on Feb. 15, 2021, 19 days before her death.

After that, she became even more ill and died on March 6, 2021.

The report admitted that Wishma died of an illness, but also said that “multiple factors might have caused her death and it is difficult to determine which one was the cause.”

Her family members maintain, however, that she would not have died had she received proper medical treatment, such as with an intravenous drip or hospitalization.

In November 2021, they lodged a criminal complaint with the Nagoya District Public Prosecutors Office against the then chief of the bureau, the person who acted as the chief guard at the detention facility on the day of her death, and other officials.

They argued that the officials committed murder thorough willful negligence and did not care if she died.

Earlier, in June 2021, a member of the teaching staff at a university in Nagoya had lodged a criminal complaint with the same district public prosecutors office against the bureau’s officials, alleging their conduct amounted to death through aggravated abandonment.

Wishma’s family members are also seeking around 156 million yen ($1.17 million) in damages from the state and that court case is still ongoing at the Nagoya District Court. ENDS

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

mytest

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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.

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

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

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

mytest

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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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My SNA Visible Minorities 30: “US Military Should Combat Japan’s Xenophobia”, i.e., counteract apparent Japanese media disinformation about their bases’ Covid policies (Jan 24, 2022)

mytest

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Visible Minorities Column 30: US Military Should Combat Japan’s Xenophobia
SHINGETSU NEWS AGENCY, JAN 24, 2022 by DEBITO ARUDOU in COLUMN
https://shingetsunewsagency.com/2022/01/24/visible-minorities-us-military-should-combat-japans-xenophobia/

SNA (Tokyo) — Shingetsu News Agency has reported for two years on how the Japanese government and media have gone out of their way to blame foreigners for the domestic spread of Covid. Each time we’ve gone out of our way to point out that Covid was usually brought in by Japanese citizens disobeying lenient quarantines.

The government’s exclusionary border policies, treating people without Japanese passports as somehow more contagious, is routinely supported neither by logic nor science.

The latest mutation of this narrative has been the blame targeted at US military bases in Japan for community spread.

For example, Japan Times reported on January 8, stitching together wire reports from Jiji Press and Kyodo News, that “US military personnel are believed to have triggered a coronavirus resurgence in [Okinawa, Yamaguchi, and Hiroshima]. Many people in the three prefectures live in close proximity to American bases. Infection prevention measures taken by the US forces, which some have criticized as being too lax, are thought to be behind that explosion of cases.” […]. But this is contradicted by what the US Forces Japan say are their actual policies, claiming 92-98% vaccination rates and limitations on movement.

So is the blame game grounded in facts and science? Or are these reactions to people trying to find another foreign scapegoat for the latest Covid spike? We don’t know because US Forces Japan aren’t making their practices sufficiently loud and clear. As usual.

The upshot: How US Forces Japan are yet again ignoring being used for domestic political capital is irresponsible. USFJ has the duty to recognize that what they do affects Visible Minorities in Japan, whether it be inspiring “Japanese Only” bigots to slam shop doors in their faces, or giving more ammunition to reactionaries who seek to seal off Japan’s borders.

Full article at https://shingetsunewsagency.com/2022/01/24/visible-minorities-us-military-should-combat-japans-xenophobia/

Page with more sources at https://www.debito.org/?p=16964.

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Why COVID keeps being seen as a “foreign” disease in Japan: Uncritical reportage in the Mainichi of Shizuoka Mayor blaming Omicron on “foreign nationals at work”, claiming it’s not “community transmission”. Wait, let’s parse that.

mytest

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Hi Blog. Debito.org has talked about how Japanese officialdom keeps trying to construe COVID as something “foreign”, i.e., something exogenous that affects foreigners more than Japanese people (see here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, herehere, here, here, here, here, here, here, here, here, and here for example).  To the point where there’s even a research institute (Riken) speculating that Japanese are genetically less susceptible to COVID.  Seriously.

And that unscientific attitude is reflected in Japanese government policy that treats anyone with a Japanese passport as somehow less contagious than somebody with a foreign passport, regardless of individual vaccination status. (That of course means that a porous border and more lax quarantine rules for VIPs and “Japanese” entrants — including those without Japanese citizenship but WITH Japanese blood — get in and spread the disease anyway.  Omicron is in Japan to stay, brought in by Japanese, no matter how much you’re trying to blame it on, for example, the US Military.)

It’s gotten to the point where even the WHO has decried these policies as unscientific:

(Kyodo News Dec 2, 2021):  Michael Ryan, head of the WHO’s Health Emergencies Program, said of Japan’s ban on new entries of foreigners, “Epidemiologically, I find it hard to understand the principle there. Does the virus read your passport? Does the virus know your nationality or where you are legally resident?  Our concern here is that we apply public health principles, not political principles, to selecting measures that are used to control the spread of diseases. The idea that you can put a hermetic seal on most countries is frankly not possible.”

But one other factor in all this gaijin-bashing is an uncritical media, even from foreigner-friendly media outlets like the Mainichi Shinbun. Where they report unconfirmed statements from a local mayor that people had contact “with foreign nationals” (“kaigai no hito“, or “overseas people” in the original Japanese), and scare the public all over again.

Article follows, then my comment:

//////////////////////////////////////
Central Japan prefecture’s 1st omicron case linked to contact with foreigners at job: mayor
December 28, 2021 (Mainichi Japan), courtesy of JK
https://mainichi.jp/english/articles/20211228/p2a/00m/0na/004000c

SHIZUOKA — Following the first confirmed coronavirus omicron variant case in the central Japan city of Shizuoka in Shizuoka Prefecture on Dec. 27, Mayor Nobuhiro Tanabe said at a press conference, “He (the patient) is confirmed to have had contact with foreign nationals at work, and community transmission is unlikely.”

According to the Shizuoka Municipal Government, the patient was earlier confirmed infected with the coronavirus and has mild symptoms. Genome analysis by the National Institute of Infectious Diseases revealed he was positive for the omicron variant. Two people who had had close contact with the man tested negative for the virus.

The patient has no recent history of overseas travel, and came into contact with foreign nationals at work. The city’s public health center explained that it determined the route of infection was strongly suspected to have been via contact at work.

The man received his second coronavirus vaccine by August. He developed symptoms on Dec. 23, was tested the following day, and hospitalized on Dec. 25. He was confirmed positive for the omicron variant the next day.

Other than the two people deemed close contacts, 12 of the 13 people involved in the same work tested negative. One still awaits their results.

(Japanese original by Hideyuki Yamada, Shizuoka Bureau)

静岡市でオミクロン株初確認 海外から来た人と接触 市中感染は否定的
毎日新聞 2021/12/27
https://mainichi.jp/articles/20211227/k00/00m/040/344000c
新型コロナウイルス感染症の変異株・オミクロン株への静岡県内初感染が静岡市で確認された27日、田辺信宏市長は記者会見で「業務上、海外の人と接点が確認されている。市中感染の可能性は低い」と説明した。患者は男性で軽症、市保健所で感染経路を調べている。
市によると、男性は新型コロナの感染が既に確認されていた。国立感染症研究所のゲノム解析でオミクロン株陽性と判明。濃厚接触者2人は陰性だった。
男性患者は海外渡航歴はなく、海外から来た人と業務で接触があった。市保健所は感染経路について「業務上の接触の方を強く疑う状況と判断している」と説明。8月までにワクチンの2回目接種を終えていた。23日に発症、24日に検査を受け、25日に入院。26日にオミクロン株の陽性と分かった。
濃厚接触者以外の仕事関係者13人のうち12人の陰性を確認。1人は検査結果を待っている。【山田英之】

ENDS

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

COMMENT: A few more simple questions needed to be asked of Mr. Mayor before his speculation got passed through by the Mainichi editors, and allowed to filter into the public sphere:

  • Were these “overseas people” freshly-arrived in Japan from overseas despite a near-blanket ban on any foreigners at the border?
  • Were these “overseas people” in fact foreign residents who were here anyway, therefore those people are in fact part of “the community” (meaning, yes, “community transmission”).
  • Is there any evidence that these individual “overseas people” were in fact COVID-positive? Were they tested? Was there any other vector testing of other people in the community? Or are we just simply assuming that foreigners are more likely than Japanese to have COVID and leaving it at that?

We should know.  But we don’t.  Why not?  Because the constant and uncritical assumptions that foreigners a) are vectors, and b) are not part of the “Japanese community” at large anyway, are precisely what I mean when I refer to Japan’s Embedded Racism. Presumptions like these are so normalized as to be embedded and unquestioned in Japan, even by media professionals who are supposed to be asking these questions before they let these racist ideas infect and spread throughout society.  Debito Arudou, Ph.D.

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

mytest

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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.

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

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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

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

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.

My SNA Visible Minorities 25: Tokyo 2020 Olympics Postmortem, where I argue the Games failed its goals of “Diversity and Inclusion” predictably and by design

mytest

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Visible Minorities: Tokyo 2020 Olympics Postmortem
SHINGETSU NEWS AGENCY, AUG 16, 2021 by DEBITO ARUDOU in COLUMN (excerpt)
http://shingetsunewsagency.com/2021/08/16/visible-minorities-tokyo-2020-olympics-postmortem/

SNA (Tokyo) — The Tokyo 2020 Olympics are now past. This is a postmortem.

Last month’s column talked about the “evil” of the Japanese government and International Olympic Committee (IOC) in forcing an unpopular Olympics upon Japan’s residents, all the while as Tokyo’s cases spiked during a global pandemic. But I also argued how host Japan in particular is trained by national narratives to see “outsiders” (including residents who don’t “look Japanese”—our Visible Minorities) specifically as terrorists, hooligans, criminals, and vectors of disease.

These fault lines have predictably exacerbated the endemic social disease of racial discrimination. International events just give people more excuses to create “Japanese Only” signs and rules.

That’s not to say that I boycotted the Olympics. In fact, given my background, I should be a superfan. […] But thanks to my background in political science, I’m trained to view nationalism with a critical eye: How governments convince people to live, fight, and even sacrifice their lives for their country. The Olympics are rooted precisely in these attitudes, and forever filter athleticism through the lens of national representation and superiority.

So despite all their promises to showcase “Diversity and Inclusion,” the Tokyo 2020 Olympics shirked that opportunity — predictably and by design…

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

Rest at http://shingetsunewsagency.com/2021/08/16/visible-minorities-tokyo-2020-olympics-postmortem/. Go read it before it goes behind paywall. Or better yet, support independent progressive journalism and subscribe to SNA for as little as a dollar a week!  Debito Arudou, Ph.D.

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My SNA Visible Minorities 24: “The Tokyo Olympics Trap”, on how these Games are harming Japan’s minorities, and how the IOC is harming Japan

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Hi Blog. My latest SNA column 24 is about the fiasco the Tokyo 2020 Olympiad has become. Introduction:

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

Visible Minorities: The Tokyo Olympics Trap
By Debito Arudou, Shingetsu News Agency, July 19, 2021

SNA (Tokyo) — On the eve of the Tokyo Olympics, let’s talk about the mess.

Much space has been devoted to the idiocracy behind spending record amounts of money on infrastructure that is not built to last, or even if it is, it often winds up abandoned. Further, holding a superspreader sports meet during a global pandemic is a surefire path to social discord and preventable death.

But it matters that Japan is hosting this mess. This column as usual will first focus on the Olympics’ impact on our minorities, and then talk about the IOC’s responsibility for scamming Japan…
//////////////////////////

Rest is at http://shingetsunewsagency.com/2021/07/19/visible-minorities-the-tokyo-olympics-trap/

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SNA: “Japanese Only” elevators at Tokyo Akasaka Hotel Excel Tokyu; hotel blames Olympic Organizing Committee! Plus Duty-Free Stores asked to rat on foreigners.

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Hi Blog. It’s going to be a busy next few weeks for Debito.org if the Olympics-fueled reactionary racism keeps creating conditions like these:

Yesterday Debito.org Reader XY sent me pictures from a friend from the Tokyo Akasaka Hotel Excel Tokyu, which has “Japanese Only” elevators!
赤坂エクセルホテル東急
〒100-0014 東京都千代田区永田町2-14-3
TEL: 03-3580-2311 FAX: 03-3580-6066
https://www.tokyuhotels.co.jp/akasaka-e/index.html


(Photos dated July 10, 2021. Click on photo to expand in browser)

The Shingetsu News Agency has followed up on this, contacting the Excel Tokyu on July 11, 2021, reporting the following exchange on their Twitter feed:

===============================
SNA: At the elevator of the Excel Hotel, we have confirmed there are signs asking Japanese and foreigners to use different elevators. Why did you put up those signs?

HOTEL STAFF: We started accepting people involved in the Olympics since a few days ago, and the Organizing Committee gave instructions that facilities should try to avoid contact between foreign and general guests, so we put up the sign of separation as a part of prevention measures against infection, prevention of Covid spread.

SNA: So you received instruction from the Organizing Committee and decided that this was a proper judgment?

HOTEL STAFF: Yes, but regarding the expression, several people pointed out there was a problem, and so we have no withdrawn the sign. We are thinking to make a new sign to separate patron lines.

SNA: Why exactly did you withdraw it?

HOTEL STAFF: We withdrew the sign to consider our response from now on.

SNA: Were you told that it is better to withdraw the sign?

HOTEL STAFF: No, we did not make a judgment about that.

SNA: By separating Japanese and foreigners, were you not afraid of causing misunderstanding for Non-Japanese?

HOTEL STAFF: The signs separating Japanese and foreigners were intended to be a part of prevention measures against infections for each.

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

Michael Penn at SNA comments: “Akasaka Excel Hotel Tokyu separated its elevators between “Japanese Only” and “Foreigner Only.” SNA called the hotel to ask them why they did it. The answer is that this was their interpretation of guidance from the Olympic authorities. Seems all non-Japanese are visitors. (MP)”

DEBITO COMMENTS: Where to start?  Okay, how about here:

  1. The assumption is, as usual, that rates of infection for foreigners and Japanese are different.  Never mind that:
  2. “Foreigners” as signposted includes ALL Non-Japanese (including Residents), regardless of whether they’ve actually left Japan and come back  As Michael mentioned above, foreigners are no matter what treated as an exogenous force.
  3. Plenty of Japanese have gotten infected from each other, not from foreigners.  In fact, many cases of variants have been carried in and incubated by Japanese themselves.
  4. Even foreigners who HAVE come in from overseas have been checked and cleared both inside and outside Japan for infection, and if the systems are working properly, the foreigners (only) are barred entry.  That especially goes for people connected with the Olympics, as we have seen.
  5. And many of those foreigners have gotten their vaccines overseas already, and at rates higher and more successful than Japan’s current lackluster (and slowing down) procedures for getting vaccinated.
  6. I’m not an epidemiologist, but I daresay you’re LESS likely to get infected from inbound foreigners going through the current GOJ quarantine procedures than from the average (generally-unvaccinated: current rates are at 16.9%) Japanese clustered in poorly-ventilated urban transportation, non-remote workplaces, and eateries.

This is once again a collision of poor physical and social science, with foreigners (including residents) being blamed for things the Japanese Government is doing wrong. And once again, “Japanese Only” services are being reflexively resorted to by the general public.  As friend Olaf (a scientist) put it, “The failure of the jp education system. Unable to think logically, just follow orders, and unable to forsee the results of their actions.”

Again, SITYS.  I knew this would happen if Japan continued on its course of a “Japanese Only” Olympics.  Debito.org saw these logical fallacies starting as far back as the Diamond Princess cruise ship fiasco last year.

Finally, let me squeeze this in at the bottom.  In addition to enlisting the general public (resulting in the predictable bullying of NJ) to find “illegal foreigners” (including a downloadable app to scan Gaijin Cards like a game of Pokemon Go), the Japanese Government is now asking Duty-Free Stores to check passports and rat on foreigners for breaking quarantine (since after all, we can’t do that to Japanese).  From the Japan Times:

///////////////////////////////////////////////
Japan to ask tax-free stores to report visitors breaking quarantine
Japan Times/Kyodo News, July 10, 2021 (excerpt), courtesy of JDG
https://www.japantimes.co.jp/news/2021/07/10/national/shop-owners-quarantine-rules/

The government will ask duty-free stores to check the date of entry to Japan in customers’ passports and report if they were shopping during their required 14-day quarantine period, sources close to the matter said Friday.

The government will also ask the stores to provide digital purchase records of violators to the National Tax Agency to ensure travelers follow quarantine rules, as Tokyo grapples with a resurgence of COVID-19 just two weeks before the Tokyo Olympics open, the sources said.

All travelers to Japan are currently required to make a pledge to self-isolate for 14 days after entering the country, even if they test negative for the coronavirus upon arrival. Travelers from certain countries where highly contagious variants have spread are asked to stay in hotels or other accommodation for several days and take further tests as part of their 14-day quarantine.

Entrants associated with the Olympics are exempt from the usual border controls but are still required to take precautions, such as observing a three-day quarantine period after entering the country.

The quarantine rule has been frequently violated despite penalties for noncompliance such as public shaming or, in the case of foreign nationals, deportation. […]

In the request sent to shop operators, the health ministry asks them to provide information including the names, nationalities and passport numbers of violators to its Health Monitoring Center for Overseas Entrants.

If an Olympic-related visitor is found to be violating the rule, the Ministry of Health, Labor and Welfare will report the matter to the Tokyo Organising Committee. […]

Full article at https://www.japantimes.co.jp/news/2021/07/10/national/shop-owners-quarantine-rules/
///////////////////////////////////////////////

What a mess. I told you long ago that Japan’s governance and police forces aren’t mature or accountable enough to handle international events.  The place, as Edward Seidensticker pointed out many years ago, becomes a police state whenever a significant influx of “foreigners” is involved.

There are a few weeks left of Olympic-sized ordeal for Japanese society. Again, I’d like to vacation this blog for the summer, but I think Debito.org might be busy reporting on the latest permutations of racial discrimination. Debito Arudou, Ph.D.

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

UPDATE JULY 12, 2021:  It seems the signs have been amended:

Okay, now foreigners have “priority”.  That makes it all better.  Not.  The hotel management just doesn’t get what they’re doing wrong, and think it’s only a matter of wording.  It’s still differentiation and othering of people based upon faulty science.  

And I pity the staff member who had to carefully match font and font size, print, cut out, and paste the text over the old sign because the hotel management was too cheap to just amend and print up a new one.  Very professional on all counts. — Debito

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Nikkan Sports: Aggressive Japanese man harasses Muslim woman and 3-year-old daughter in park, demands her Gaijin Card; then aggressive Japanese police detain, interrogate, and release the woman and child’s private info. I told you this would happen.

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Hi Blog. I’ve written at length about how demonizing foreigners will lead to official racial profiling, and how deputizing the general public to target NJ will lead to abuse.

Well, SITYS. (See I told you so.) Check out this article from Nikkan Sports. (Translation mine, corrections welcome.)

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

Muslim Woman in Her Forties is Subjected to Wrongful Questioning by Police: Submits Complaint to Tokyo Public Safety Commission.
Nikkan Sports, July 6, 2021, courtesy of lots of people

A Muslim woman in her forties from South Asia living in Tokyo, who was subjected to wrongful voluntary questioning by officers of the Tokyo Metropolitan Police and had her name, address, and other private details leaked to a third party, submitted a formal complaint to the Tokyo Public Safety Commission on July 5. Her legal representation criticized, “This is a use of public power grounded in discriminatory attitudes towards foreigners.”

According to documents from her legal group questioning the Tokyo Metropolitan Police and other connected people, on June 1, the woman was letting her 3-year-old daughter play in a neighborhood park when a man rushed up to her and claimed her daughter had knocked his son down. “Gaijin”, “show me your Zairyu Card”! He then called the police, and six officers rushed in and used rough language towards the woman (who has limited abilities in Japanese), saying things like, “Hey you (omae), you want us to believe you really can’t speak Japanese?” Following that, they took the woman and her daughter only to the nearest police station, and voluntarily interrogated them about two and a half hours.

The woman and her daughter denied that she had knocked anyone down. However, they were not allowed to go home until they had acknowledged there had been some physical contact (boukou), and they had agreed to release their contact details and phone number to the man involved. On a later date, the police told the man more personal information, such as the names, ages, and address of the woman and her daughter so he could begin a civil lawsuit against her. It is said that Child Services were also contacted in case the woman would be unable to take care of her daughter.

The woman claims that being alone and interrogated by four officers during questioning has made her unable to sleep due to PTSD.

Her lawyer, Nishiyama Atsuko, pointed out that even though these are “voluntary” interrogations, foreign suspects often feel they cannot refuse police due to fear of forced deportation. Moreover, “Being a foreigner in itself is enough to justify wrongful treatment by the police. This situation is but the tip of the iceberg.”

The woman herself made the following statement to the press: “My daughter absolutely did not do what they said she did. Now that my address has been leaked, I’m uneasy and cannot live my life in peace. I want the police to be admonished so that they cannot repeat this sort of discriminatory behavior over and over again.”

ENDS (Original Japanese below comment.)
////////////////////////////

(More commentary by Debito.org Readers on a separate site from here.)

COMMENT: Look, it’s as I’ve said here for decades, and in a number of books: When you train police to see foreigners as social destabilizers, that’s how foreigners will be treated in most circumstances involving them. When the only tool in your training is a hammer, every problem looks like a nail.

Nowadays, when you get people who aren’t trained police at all made aware that foreigners have Gaijin Cards (more specifically Zairyuu Cards), and who are now not only encouraged but also empowered by official online apps to demand them, then you have people in a social status so weak that there will be abuses by bullies, or by anyone on a power trip.

And that’s clearly what happened here.  Let’s recap:  A man accuses a three-year-old kid of assault, gets aggressive with a Muslim woman (and reportedly SPECIFICALLY demands her Gaijin Card), and then siccs six also-aggressive cops on her.  Then the cops cart only her and her toddler daughter off to the nearest cop shop for hours of interrogation, and hold her hostage until she releases her private information to this strange man.  And later cops give that man even more information in case he decides to sue a three-year-old!

Clearly this has been blown out of proportion.  And the cops abetted it!  What a nightmare.

I’m pleased the woman sought out legal representation and filed the formal complaint with the Public Safety Commission.  But that will probably result in nothing.  (I’ve done the same for over-the-top police reactions in the past, and never gotten any satisfactory conclusion.)  You can’t expect much when it’s wolves policing other wolves.

So I hope she files an actual civil suit against the police and the person who harassed her and her daughter, so we can get some legal precedent behind this complaint. We need some kind of damper put on all the social damage done by the Japanese police demonizing foreigners for decades, and then deputizing the general public to target them.

Finally, kudos to Nikkan Sports and Kyodo News for taking this issue up.  Here’s hoping more media pays attention to this case.  Debito Arudou, Ph.D.

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

Original Japanese:

40代ムスリム女性に警察官が不当聴取 都公安委に苦情申し出
[日刊スポーツ 2021年7月6日1時3分]

https://www.nikkansports.com/general/news/202107050001193.html

東京都内に住む南アジア出身で40代のイスラム教徒(ムスリム)の女性が、警視庁の警察官から不当な任意聴取を受け、他人に氏名や住所などの個人情報を漏らされたとして5日、都公安委員会に苦情を申し出たことが分かった。代理人弁護士は「公権力による外国人への差別意識が根底にある」と批判している。

弁護団が警視庁や関係者に問い合わせるなどした結果に基づく申し出書によると、女性は6月1日、近所の公園で長女(3)を遊ばせていた際、園内にいた男性から、息子が長女に突き飛ばされたとして「外人」「在留カード出せ」などと詰め寄られた。男性の通報で警視庁の警察官6人が駆け付け、日本語が不自由な女性に「おまえ本当に日本語しゃべれねえのか」などと発言。その後女性と長女のみ最寄りの警察署で約2時間半、任意聴取された。

女性と長女は突き飛ばしたことを否定。だが警察官に暴行を認めるよう言われ、男性側に連絡先の電話番号を伝えることに同意するまで帰してもらえなかった。警察側は後日、民事訴訟を起こすとする男性に女性と長女の氏名や年齢、住所などの個人情報を伝達。女性が長女を監督できていなかったとして児童相談所に通報したという。

長女は単独で4人の警察官から聴取された場面もあり、現在、トラウマ(心的外傷)による不眠の症状を訴えている。

代理人の西山温子弁護士は、任意の聴取でも、外国人は容疑をかけられ強制送還されることを恐れて警察に逆らえないことが多いとし、「外国人というだけで警察に不当な扱いを受けることがあり、この問題は氷山の一角だ」と指摘する。

女性は取材に「娘は絶対にやっていない。住所を漏らされ、不安で平和な生活ができない。差別的な行為が繰り返されないよう、警察にはしかるべき対処をしてほしい」と話した。(共同)

======================
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Mainichi: Japan wants its COVID vaccine passports accepted by foreign countries, but won’t accept foreign countries’ versions; does the GOJ understand the concept of comity?

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Hi Blog. Time for a quick statement about a news event that is “low-hanging fruit” in terms of civil rights and international relations, but instructive enough for a mention on Debito.org.

Check this out: According to the Mainichi below, the Japanese Government (GOJ) wants foreign countries to recognize its “COVID vaccination passports” (i.e., proof that a person has been vaccinated).

But it will still subject every foreigner (including, as usual, foreign residents) to quarantine. Meaning it won’t recognize FOREIGN versions of COVID passports.

Funny, that. It’s yet another example of how Japan’s authorities expect to have their cake and eat it too. Like how institutions in Japan can discriminate against foreigners without much if any international sanction. But woe betide anyone who seems to discriminate against Japanese overseas. Japan has gotten away with this for so long (e.g., more than 25 years since it signed the UN CERD without passing any laws against racial discrimination) that the GOJ has accepted it as normal transactional behavior for Japan in the international arena. (That, or the bureaucracy is so silo-ed off that getting a coordinated vaccine passport policy across all of the veto gates would involve discomfiting ministerial turf battles. Boo hoo.)

Well, tough. Let’s hope that overseas negotiators have the sense to not be taken in by the “unique Japan” arguments as usual, and demand comity. You don’t get without giving back in kind. But given how lenient the outside world has been regarding, say, the overt racism of Japan’s exclusionary border policies during the pandemic (and now the “Japanese Only” Olympics), it’s not a slam-dunk conclusion as of this writing.

Thoughts, Debito.org Readers?

(FYI, I’ll be vacationing the blog shortly for the summer.) Debito.org, Ph.D.

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

Japan seeks to have vaccine passports accepted by over 10 nations
July 4, 2021 (Mainichi Japan), courtesy of AW
https://mainichi.jp/english/articles/20210704/p2g/00m/0na/034000c

TOKYO (Kyodo) — Japan is making arrangements for its COVID-19 vaccination passports to be accepted by over 10 nations, including Italy, France and Greece, after the certificate program begins in late July, government sources said Sunday.

If the agreements are reached, certificate holders will be exempt from quarantine or showing negative test results for COVID-19 when traveling from Japan to those countries, the sources said.

But the Japanese government plans to continue requiring travelers entering Japan, including returnees, to quarantine for two weeks even if they have been vaccinated. The position has complicated negotiations with countries such as Singapore and Israel, which have called for mutual exemption, the sources said.

So-called vaccine passports are official documents showing a person has been fully vaccinated against COVID-19. The certificate, to be issued by municipalities, will include the holder’s name, passport number and date of vaccination.

Business circles in Japan have been calling for the introduction of vaccine passports. The country’s largest business lobby, the Japan Business Federation, known as Keidanren, proposed in late June that such certificates be in digital format.

Japan has lagged behind the United States, Britain and Israel, among others, in its rollout of COVID-19 vaccinations. However, it has stepped up efforts to inoculate citizens ahead of the Tokyo Olympics starting on July 23.

A quasi-state of emergency is in place for urban areas like Tokyo amid fears of the spread of the highly transmissible Delta variant of the coronavirus.

“Until we see the spread of the Delta variant subside, it will be difficult to allow the mutual exemption of quarantine,” a Japanese government source said.

Japan has a sweeping entry ban on foreign nationals to cope with the pandemic, except those with approval given under “special exceptional circumstances.” Travelers entering Japan are asked to stay at home or a designated facility for 14 days after arrival.

The European Union has its own digital vaccination passport for EU citizens and residents. Certificate holders are exempt from testing and quarantine when traveling to a different country within the bloc.

The World Health Organization does not endorse making vaccine passports mandatory for travelers as equal access to COVID-19 vaccines has not been ensured.
ENDS

======================
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Japan’s “Gaijin Tank” Immigration Detention Centers: The Death of Sri Lankan Wishma Sandamali highlights a senseless, inhuman, and extralegal system killing foreigners they’ve trapped.

mytest

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Hi Blog. At long last, I can get to this issue.

As I have written elsewhere, Japan’s Immigration Bureau Detention Centers (aka “Gaijin Tanks“) are an extra layer of incarceration that only non-citizens must deal with.

Regular Wajin Japanese, when detained, arrested, and/or incarcerated, go through Japan’s criminal justice and prison system.  However, because non-citizen detainees cannot renew their visas while in detention, any arrest and incarceration by police increases the probability of detention later in separate Immigration detention facilities (specifically reserved for non-citizen visa overstayers and refugees/asylum seekers). Detainees in these Immigration facilities (nyūkoku kanri sentā) face a different system both in terms of criminal procedure and living conditions.

In terms of procedure, inmates convicted of a specific crime and sentenced to a Japanese prison have a legally-defined release date, often with the possibility of parole; visa overstayers being detained in an Immigration detention center, however, have no specific limit to their detention period, resulting in people detained for several years (and for some, still counting).

In terms of living conditions, rights of detainees to adequate food, exercise and living space in Immigration Bureau detention centers are less regulated than in Japanese prisons (which are subject to international oversight regarding standards of favorable treatment). Consequently, inhospitable, unsanitary, and generally unmonitored conditions in these detention centers have occasioned protests both from human rights organizations and from the detainees, in the form of hunger strikes and suicides. Immigration detainees have also suffered and died from their medical conditions being neglected by detention officials, and from the over-prescription of sedatives and painkillers.

In 2021, the senseless death of a Sri Lankan named Ratnayake Liyanage Wishma Sandamali, due to medical negligence in a detention center, brought national attention and protest against the GOJ’s treatment of visa overstayers and asylum applicants—and the withdrawal of a bill before the Diet that would have only strengthened the ability for bureaucrats “to keep any foreign national in custody without the approval of a judge”, thus violating constitutional guarantees of due process.

Those are the headlines. Now for the sources:

  • See for example CCPR/C/79/Add.102, which notes, “[T]he Committee is concerned that there is no independent authority to which complaints of ill-treatment by the police and immigration officials can be addressed for investigation and redress. The Committee recommends that such an independent body or authority be set up by the State party without delay.United Nations, November 19, 1998; “Welcome to Japan?” Amnesty International, 2002, alleging extortion and physical abuse at the Narita Airport detention center, excerpt archived at www.debito.org/?p=9846.
  • “Detention centers lack doctors: Two facilities holding visa violators not offering proper medical care.” Daily Yomiuri, December 22, 2006 (the Japanese version of this article, dated December 21, has the more revealing headline, “Ōmura nyūkan sentā de jōkin-i fuzai 2 nen ni, kakuho no medo tatazu” [The Ōmura Detention Center has had no full-time doctor on call for two years now, and no idea when they will secure one].
  • Interviews, Michael. H. Fox, Director, Japan Innocence and Death Penalty Research Center, 2004-8.
  • Caterpillars and cockroaches: Foreigners lead hunger strike in immigration detention center.” Asahi Shinbun, October 18, 2007.
  • Detainees allege abuse at Kansai holding center.” Japan Times, March 9, 2010.
  • Immigration detainees end hunger strike.” Japan Times, March 22, 2010; “Inmates on hunger strike in Japan immigration center.” AFP, May 20, 2010; “Running to nowhere.” Kansai Time Out, June 2010.
  • “Deportee center hunger strike abates, detentions drag on.” Japan Times, September 1, 2012; “Nigerian dies after hunger strike in Japan detention center.” Reuters/Asahi Shinbun Asia-Japan Watch, June 27, 2019; “Death in Detention: Grim toll mounts in Japanese detention centers as foreigners seek asylum.” Reuters, March 8, 2016, archived at www.debito.org/?p=13885, noting: “The watchdog report drew attention to what it said was the heavy prescription of drugs to detainees. At the time he died, Ghadimi had been prescribed 15 different drugs, including four painkillers, five sedatives—one a Japanese version of the tranquilizer Xanax—and two kinds of sleeping pills, the report said. At one point during his incarceration, he was on a cocktail of 25 different pills.”
  • Ex-immigration boss: detentions too long.” Japan Times, July 14, 2010, former Immigration Bureau chief Sakanaka Hidenori proposed that detentions in Immigration facilities not exceed one year; however, once oversight mechanisms were activated in August 2011, the number of detainees awaiting deportation or asylum permission for more than six months dropped dramatically (indicating how lax oversight had hitherto been).
    See “Foreigners held by immigration sharply down after reviewing rules.” Mainichi Shinbun, February 4, 2012.
  • Nevertheless, abuses, some resulting in fatalities, continue to the present. See for example Asylum-seeker dies after collapsing at detention center while doctor at lunch.” AFP/Japan Today and Japan Times, October 25, 2013; “Immigration detention centers under scrutiny in Japan after fourth death.” Reuters, December 3, 2014; “Immigration detention centers like prisons, U.K. inspectors say.” Japan Times, February 6, 2015; “Immigration detention centers like prisons, U.K. inspectors say.” Japan Times, February 6, 2015—and I make the case that they are worse than prisons at www.debito.org/?p=13056
  • “Progressive News Service: Deaths of unknown persons in the custody of the Tokyo Metropolitan Police: At least 5 in past year.” Debito.org, March 9, 2015, www.debito.org/?p=13136
  • “Sri Lankan woman dies in detention, wrote about her hunger.” Asahi Shinbun, March 15, 2021; “A Sri Lankan’s tragic death in Japan casts a harsh spotlight on controversial refugee system.” Straits Times, April 24, 2021, which notes, “Ms. Wishma was vomiting blood in her final days, and was so weak that she had no control of her arms and legs. The immigration authorities allegedly turned a blind eye to medical expert advice to put her on an intravenous drip or to grant her provisional release to ease her stress. A report by public broadcaster NHK suggested that officials tend to suspect malingering for minor illnesses in their reluctance to grant provisional release.”
  • Finally, “Left in limbo: Japan’s haphazard immigration policies, disrespect for human rights.” Mainichi Shinbun, April 19, 2019, notes,As of the end of July 2018, of the 1,309 detainees nationwide, 54 percent had been detained for six months or longer. According to attorneys and others who provide assistance to foreign workers in Japan, 13 foreign nationals died by suicide or from illness while in detention between 2007 and 2018. Many detainees complain of appalling health conditions at detention centers, saying they are hardly permitted to see physicians. A damages lawsuit brought against the central government at the Mito District Court for the 2014 death of a then 43-year-old Cameroonian man while he was detained at Higashi Nihon Immigration Center in the Ibaraki Prefecture city of Ushiku is ongoing. His mother, who resides in Cameroon, filed the suit.According to the legal complaint that was filed, the man had been confirmed as diabetic after a medical consultation at the immigration center. He began to complain of pain in February 2014, and died at the end of March that year. Security cameras at the center captured him saying in English that he felt like he was dying starting the night before his death, and the footage has been saved as evidence. Even after the man fell from his bed, he was left unattended, and a staff member found him in cardiopulmonary arrest the following morning. He was transported to a hospital where he was confirmed dead. “Immigration officials have a duty to provide emergency medical care,” says the plaintiff’s attorney, Koichi Kodama. “The government should be accountable for revealing who was watching the footage of the man rolling around on the floor, screaming in pain, and whether anyone went directly to his room to check on his condition.”
  • Sri Lankan’s death in spotlight as Japan debates immigration bill.”
    Japan Times/Kyodo News, May 12, 2021; “Immigration reform fails to resolve asylum contradictions.” Japan Times, March 13, 2021; “Withdrawal of immigration bill underscores Suga’s precarious standing.” Japan Times/Kyodo News, May 19, 2021.

There are plenty of other articles out there, since the Wishma Sandamali Case attracted so much attention.  However, it was not soon enough for some, and won’t be for others still being destroyed by this system.  For as Submitter JK notes,

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

“Relindis Mai Ekei did not die in detention [in January 2021] like Wishma Sandamali. Instead, she died in hospital [of untreated breast cancer] about three hours before receiving her residence card (在留カード):

Was Cameroonian woman’s death hours before she received Japan residency avoidable? (Pt. 1)

Was Cameroonian woman’s death hours before she received Japan residency avoidable? (Pt. 2)

Was Cameroonian woman’s death hours before she received Japan residency avoidable? (Pt. 3)

死の直前「漢字勉強したい」カメルーン出身者は救えなかったのか

From the article:

If Mai’s status of residence had been granted earlier, she would have been able to take better care of herself through welfare and health insurance.

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

Even more on the Gaijin Tanks issue starting from here: https://www.debito.org/?p=13885#comment-1805327.

There is no defense for this inhumane extralegal detention system that is killing people through willful negligence simply because they are foreigners incarcerated.  We catalog it all here on Debito.org for the record.  Debito Arudou, Ph.D.

======================
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My SNA VM Column 23: “Gaijin Card Reader App Obliterates Privacy,” June 21, 2021, on how NJ privacy is of so little concern that the Govt. has enabled anyone to swipe Gaijin Cards

mytest

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Poster Title: “When you employ a foreigner, check their Zairyuu Card!  Employers will also be punished for employing illegal workers!!” Ministry of Justice, Tokyo Regional Immigration Services Bureau. Photo from Hiroo Subway Station, June 16, 2021, courtesy of K on Twitter.

Hi Blog. As you may have heard, the Justice Ministry has enabled the general public to collect your personal data from your “Gaijin Cards” via downloadable app. That’s the subject of my most recent SNA column, out today. Opening:

==========================
Visible Minorities: Gaijin Card Reader App Obliterates Privacy
By Debito Arudou
Shingetsu News Agency, June 21, 2021

“Privacy in Japan… is not being seen.”

This quote, usually attributed to former US Ambassador to Japan Edwin O. Reischauer, was made in the context of an overcrowded Japan in his day, used to explain the stark difference between public and private behaviors of Japanese (sneaking off, for example, to love hotels for a bit of private time).

But privacy is taken quite seriously in Japan, especially if it will damage a reputation. Television broadcasts of criminal suspects on perp walks often have their handcuffs blurred, since the person hasn’t been convicted yet. Media reporting on businesses accused of unsavory activities (such as food poisoning or putting up “Japanese Only” signs) often refuse to report their company names so it doesn’t adversely affect their sales. Even people who park their cars in those love hotels may find themselves in a parking garage with curtains, or with their license plates covered up by pieces of plywood provided by the establishment.

So why doesn’t this concern for privacy apply to foreign residents? (Examples of egregious violations of privacy by nationality, contrasted with all the legal protections for citizens, follow. Then we get to the new Gaijin Card Reader App…)
==========================

Rest is at http://shingetsunewsagency.com/2021/06/21/visible-minorities-gaijin-card-reader-app-obliterates-privacy/

Debito Arudou, Ph.D.

======================
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Justice Ministry’s new “Gaijin Card Reader App” now unlawfully enables the general public to scan you. So much for GOJ promises of privacy.

mytest

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Hi Blog. Debito.org Readers Niklas and B have sent word that the Ministry of Justice has made a “Residence Card Checker App”, available from December 25, 2020, downloadable from their website (English, Japanese). It’s available for Windows PC, Apple Mac App Store, Google Play, and iOS (with manuals!). It scans RFID Zairyuu Cards, aka “Gaijin Cards”, which is personal ID required of foreign residents only, and must be carried 24/7 on pain of criminal penalty.

In their words, “This app reads and displays the information (such as the bearer’s name) stored on the IC chips of residence cards and special permanent resident certificates, helping users to confirm that the card is not a forgery.”

How nice.

Except that the only people allowed to demand, let alone scan, Gaijin Cards are people connected with the Ministry of Justice (Immigration, police, etc.). This has now unlawfully put the ability to read private information within the general public’s grasp. Such as people posing as fake cops (which does happen). It’s not that far removed from the government “snitch sites” where anyone could anonymously report their local gaijin to the government and have them harassed, er, investigated by local authorities. (They’ve since disappeared after nearly two decades in action, so this is a new form of potential harassment.)

Poster Title: “When you employ a foreigner, check their Zairyuu Card!  Employers will also be punished for employing illegal workers!!” Ministry of Justice, Tokyo Regional Immigration Services Bureau. Photo from Hiroo Subway Station, June 16, 2021, courtesy of K on Twitter.

UPDATE JUNE 21: I have done an SNA column on this issue.

Debito.org will now archive the sites in English and Japanese for the record, with some screen captures. Especially enjoy reading the Privacy Policy, especially since one initial reason why the government advertised that the RFID card was a better system was due to privacy (and “convenience“)–random people wouldn’t be able to read the embedded information. Now they can. Where is the outcry over “privacy concerns” that Japanese citizens enjoy whenever the government makes personal ID policy affecting them? Debito Arudou, Ph.D.

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

ENGLISH SITE: https://www.isa.go.jp/en/policies/policies/rcc-support.html

(click on scans to enlarge in browser)

Overview

This app reads and displays the information (such as the bearer’s name) stored on the IC chips of residence cards and special permanent resident certificates, helping users to confirm that the card is not a forgery.

Distribution

For PC

Windows
Please follow the link provided below.

Click here for downloads for Windows systems

macOS
Can be found on the Mac App Store.

Download on the Mac App Store

For mobile

Android
Can be found on Google Play.

Get it on Google Play

iOS
Can be found on the App Store.

Download on the App Store

Operation manual

Operating environment

  • Operating environment

    Windows 8.1, Windows 10 (ARM, x64, x86 compatible)
    macOS 10.14 or higher (compatible with Apple M1 chips)
    Android 6.0 or higher
    iOS 13.2 or higher

  • Necessary hardware

    Contactless IC card reader (if using a PC)
    * APDU-compatible models only

    References
    The following contactless IC card readers were used to test the app’s functionality:

    • NTT Communications Corporation
      ACR1251CL
    • Sony Corporation
      RC-S380
    • I-O Data Device, Inc.
      USB-NFC4

    NFC-compatible device (if using a cell phone)

Frequently asked questions

If you suspect that you have found a counterfeit residence card, please contact your nearest Immigration Services Bureau.

To confirm a residence card’s validity, please use the Validity Inquiries for Residence Card Numbers online service (in Japanese). [JP]This link leads to an external page.

For any questions or concerns regarding the app (after installation), please contact the support team at the following address:
rsd-support@rsd-support.jp
We are unable to accept any inquires made by phone.

Question list

Q1 How do I read a residence card? What is the Residency Management System?
For more details, please click on this link.

Return to question list

Q2 What if the information listed on the card and the information displayed in the app is different?
Even if the card has been read correctly, if any of the information differs from that displayed in the app, then it is possible that it has been forged. In cases such as these, please contact your nearest Immigration Services Bureau.

Return to question list

Q3 It can’t read the card.
  1. If you receive an error message that reads: “Cannot read the card. Please touch the card with NFC reading position of the device again. If it is displayed repeatedly, please contact the regional immigration bureau near you .” (Japanese: カードが読み取れませんもう一度かざしてください。繰り返し表示される場合はお近くの出入国在留管理官署にお問い合わせください)

    → Check to see that all connections are secure.
    → Ensure that the proper drivers have been installed/updated.
    As the app may not recognize a card reader immediately after its installation, please restart all devices before use.
    → The card reader may not work if it has been placed on a desk (or similar object) made of metal.
    → If you continue to receive the same error message, then it is possible that the card has been forged. In cases such as these, please contact your nearest Immigration Services Bureau.

  2. If you receive an error message that reads: “An error occurred while reading the card. Please check the card as you may be holding a card other than the residence card. ” (Japanese: カードの読取中にエラーが発生しました。在留カード以外のカードをかざしている可能性がありますのでカードをご確認ください)

    → Hold the residence card above the reader. The app is only capable of scanning residence cards and special permanent resident certificates.
    → If the error was not due to improper scanning or the use of an incorrect card, then it is possible that the card has been forged. In cases such as these, please contact your nearest Immigration Services Bureau.

Return to question list

Q4 Will the app work on an iPad?
Unfortunately, it will not.
As iPads lack a versatile NFC interface, they are not a suitable device for the app to run on.
Please refer to the operating environment section for a list of compatible operating systems.

Return to question list

Privacy policy

  1. The privacy policy only applies to the residence card checker app (henceforth referred to as “app”).
  2. The app is designed to simply display the information read from a residence card or special permanent resident certificate. It does not collect or distribute any data (including personal information).
  3. This policy does not apply to any websites which are accessed from the app. Those have their own privacy policies, which are managed independently.
  4. The Ministry of Justice (Immigration Services Agency) reserves the right to revise the privacy policy at any time. Should this occur, users will be notified on the home page.

Disclaimers

The terms “Microsoft” and “Windows,” as well as the Microsoft logo, are the property of the Microsoft Corporation.
The terms “Android” and “Google Play,” as well as the Google Play logo, are the property of Google LLC.
The terms “Apple,” “iPad,” and “macOS” as well as the Apple logo, are the property of Apple Inc.
The “iOS” trademark is used under license by Cisco Systems Inc.
“ARM” is the registered trademark of ARM Limited.

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

JAPANESE SITE: http://www.moj.go.jp/isa/policies/policies/rcc-support.html

(click on scans to enlarge in browser)

\

 

ENDS

======================
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My SNA Visible Minorities column 22: “Interrogating the Discriminatory Covid Self-Quarantine Scandal”, May 17, 2021

mytest

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Hi Blog. Hello Debito.org Newsletter Readers. This month’s SNA Visible Minorities column 22 updates us on how Japan’s discriminatory border policies disproportionately punish Non-Japanese residents, even when things that are going wrong are due to government mismanagement. Paraphrased excerpt:

==============================
Visible Minorities: Interrogating the Discriminatory Covid Self-Quarantine Scandal
By Debito Arudou, May 17, 2021 (condensed intro)

SNA (Tokyo) — Sometimes government-designed policies lack sense. Or, in places where the government is as unaccountable as Japan’s, policymakers ignore cautions—-or don’t get cautioned at all because a docile mass media is mobilized behind a national goal. So when things go wrong, very bad things can happen, especially when punishments for noncompliance only go one way and hurt innocent people.

That is what’s in the cards yet again with Japan’s Covid border controls. The current policy is that if you are a resident of Japan returning from overseas, you face a mandatory self-quarantine system. Everyone, regardless of nationality, signs must notify the authorities of their current location each day. If not, authorities will contact them via Skype, WhatsApp video call, or by voice cell phone number.

If you are found to be breaking quarantine as a Japanese, you get your name exposed to the public. However, foreign residents will lose everything—their lives, livelihoods, and anything they ever invested in Japan—by getting deported. So with punishments this disproportionate, the government had better make sure nothing goes wrong. Guess what? Things are going wrong, and it’s the government’s fault…
==============================

Rest is at http://shingetsunewsagency.com/2021/05/17/visible-minorities-interrogating-the-discriminatory-quarantine-scandal/

Links to sources cited in the full article:  Kyodo News May 1, Japan Times May 12, MOFA self-quarantine pledge.

Enjoy! Debito Arudou, Ph.D.
======================
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Kyodo: “300 people per day re-entering Japan breaking COVID self-quarantine”. But NJ report Govt incompetence, which punishes them disproportionately.

mytest

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Hi Blog. Government incompetence is nothing new. There’s not much you can do when the expectation is one-way: The Man demands a promise from you, with punishments if you don’t comply, but if The Man doesn’t keep his promises, too bad, since there’s often no punishment for the Powers That Be.

That’s what’s happening under Japan’s new “self-quarantine” rules. Kyodo News reports that “up to 300 people per day are breaking the self-quarantine”. People, regardless of nationality. What is NOT evenly enforced regardless of nationality is the punishment.

As Kyodo notes, ‘The health ministry, which has asked for people to honor their pledge, has warned that penalties for noncompliance include publicly revealing names or, in the case of a foreign national, revocation of their status of residence and deportation.”

That’s very different. Especially since people are reporting to Magdalena Osumi of the Japan Times (see below) that there has been no follow-up from the government when it comes to helping people keep their pledge (and some confusion about how the rules are supposed to work). So if the GOJ messes things up and you’re a citizen, uh, your name gets made public. Big whoop. But if you’re NJ, through no fault of your own, you get deported.  Your life in Japan is over.

As Debito.org has predicted might happen, this new Covid “Self-Quarantine” regime has become yet another means to ethnically-cleanse Japan of its foreigners. As if revolving-door visas and insecure job statuses aren’t enough.

And of course, the Kyodo article neither questions the disproportionality of the punishment or reports on the incompetence of the government.

What follows is the Kyodo article. After that, a request from Magdalena Osumi for information about the government incompetence for an upcoming article. Read on if you have something to share with her. Debito Arudou, Ph.D.

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

Up to 300 people per day breaking self-quarantine pledge in Japan

KYODO NEWS – May 1, 2021, Courtesy of Magdalena Osumi at the Return to Japan Support Group
https://english.kyodonews.net/news/2021/05/7e132ca7447a-up-to-300-people-per-day-breaking-self-quarantine-pledge-in-japan.html

Up to around 300 people every day, who had pledged to self-isolate upon arrival into Japan as part of measures to contain the novel coronavirus, could not be confirmed to be in their quarantine location or were found to be some distance away, the health ministry and a contracted medical service firm said Saturday.

The daily checkups have been conducted as part of strengthened border control measures since the end of March to keep imported cases of the coronavirus at bay and target all arrivals into the country for a 14-day period.

But with the whereabouts of some people unable to be confirmed during the period, the ministry is now considering having private security companies pay visits to quarantine locations if the person cannot be reached for more than three days.

According to the ministry and the medical service company supporting the quarantine operation, an average of 24,000 people needed to be accounted for on a daily basis during a 14-day self-quarantine period.

Of that number, around 200 to 300 people every day could not be confirmed to be in their pledged quarantine locations, with 70 percent failing to report their whereabouts to authorities and 30 percent found to be away from the locations.

A health ministry official has called on people not to rely too heavily on the results from tests conducted when they entered the country, as it is possible to get a false negative result during an incubation period.

“We want people to properly see through their quarantine,” the official said.

Japan now requires all arrivals into the country to provide COVID-19 negative test results taken within 72 hours of departure and be retested at the time of entry. Even if the results are negative, people are asked to pledge they will self-quarantine for 14 days in their home, a hotel or another facility.

People are also asked to install a location tracking app called OEL upon arrival, with notification messages requesting location information and health status sent on a daily basis during the quarantine period.

Those who fail to report their whereabouts are contacted individually via a Skype video call or other methods.

The health ministry, which has asked for people to honor their pledge, has warned that penalties for noncompliance include publicly revealing names or, in the case of a foreign national, revocation of their status of residence and deportation.
ENDS
//////////////////////////////////

MAGDALENA OSUMI SAYS: Hello. Regarding this article about people breaking quarantine rules in Japan, I know that many people have had problems with applications they’re supposed to install after entering Japan, or haven’t received passwords to log in. I understand that’s one of the reasons why people are blamed for breaking the self-isolation rules and the pledge.

I would like to write about it for The Japan Times. Is there anyone who has experienced such problems with any of the tracking applications or had problems with reporting on their health condition and whereabouts during the 14-day quarantine period, and could share their experience with me? It will be greatly appreciated.

Magdalena’s JT email: magdalena.osumi@japantimes.co.jp

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

Responses (anonymized and excerpted in places)

LACK OF OFFICIAL FOLLOWUP:

AB: Today is day 15 for me and I never received an OEL email and password. No Skype call. No WhatsApp call. No messages. All I did was the daily health update automated email.

CD: My [spouse] and I finished our quarantine never having received the OEL password, or a Skype call. We did receive the health questionnaire and reported our health daily.

EF: I never received a phone call from anyone.

GH: The thing that surprised me the most were the people that they stationed at Narita airport that were supposed to check that all these applications were installed. They were clearly not from the quarantine department or any other government agency. They were non native Japanese speakers and one of them had trouble conversing in Japanese at all. One Japanese man was getting very upset because he couldn’t understand how to install the applications on his phone. In my case, the person responsible couldn’t remember how to check if my location tracking was set up properly and made a mistake. Everything starts at the airport. I imagine some of the problems you are looking into happen because the apps aren’t set up right in the first place.

MO: They are understaffed so they had to get some help from somewhere else but it doesn’t seem to be organized well. I’ll keep that in mind.

CONFUSION ABOUT THE SYSTEM

IJ: I don’t know how they get that 300 number, for example I used OEL to check in at the quarantine hotel, and then check in again at home after 3 days. There’s a large distance in between, am I count as one of those 300?

KL: there r two “buttons” on the app, one to report a place of stay, which is used once u arrive at the place of quarantine, and another button for subsequent location check ins. If you have to change the place of quarantine, you need to click on the button reporting your new place of stay.

MN: However, the OEL alert only directs you to the I’m Here button. There were no instructions about checking in at the new location so I assumed pressing the I’m Here button will suffice, also assuming that the location will automatically be updated. I got a Skype call on my 4th day asking me to check in at my new location.

OP: Another vote for the two buttons being quite confusing — I kept pressing the “check in” button for three days instead of the “i’m here” – as the screens look almost exactly the same (same coloring and design) and “check in” could absolutely be interpreted as something along the lines of “daily check-in.” It feels like there are many ways to make an error here because of unclear app design.

QR: As for me, it didnt work a freakin single time

ST: IMO, all the written forms allude to the fact we are allowed [to go outside and exercise]. But apparently not. I was prepared to not leave my house, but then I read my forms saying we are allowed out if necessary and we must wear a mask and not catch public transport.

UV: i just spoke to a lady from immigration and going out to get food is ok, as it is a necessity. Provided you don’t go too far from where you are staying and practice safe measures i.e. mask and social distancing, you should be ok. Going on walks I would probably say are not ok though.

WX: no, it’s not ok. The pledge you signed specifically states that you must stay at home or risk deportation or a 10 million yen fine. If you get caught, the defense of a “random, unnamed person at immigration said it was ok” isn’t really going to cut it. And the more people that think they’re entitled to break the rules, the tougher the rules are going to get for everyone.

YZ: I think this is so typical of Japanese nuanced messaging… I am in [not Tokyo] at the moment and we have been told since the end of last year to avoid all unnecessary and non-urgent trips out of the city….. ‘if we can help it’. I have adhered to this, yet many of my colleagues have been attending conference or business meetings all over Japan! Am considering a trip back [overseas], but will have to quarantine in Tokyo since no private transport option possible. I can do 14 days in a hotel but not 14 without exercise and fresh air – wiling to go for a walk at 5am with a mask on!

ZA: It’s a possible 1 million fine, not 10. The only actual penalty currently is making your name public. The wording specifically says:

For 14 days after arrival in Japan, (1) I must stay at home or the accommodation listed in 2. below. I must consult the public health center and Health Monitoring Center for Overseas Entrants in advance when I need to change my accommodations due to unavoidable circumstances. (2) I must not have contact with anyone who I do not live with. (3) I must not use public transportation (trains, buses, cabs/taxies, domestic flights, etc.) for 14 days after entering Japan.

https://www.mofa.go.jp/files/100168885.pdf

However, I would advise people to abide by the spirit as much as possible.

This is the Japanese of the pledge:
入国後 14 日間、①自宅又は宿泊場所など下記(2)に記載する住所で待機すること。なお、やむを得ない理由により待機場所を変更する必要が生じた場合は、自宅又は宿泊施設を管轄する保健所及び入国者健康管理センターに事前相談すること。②他者との接触を行わないこと。③公共交通機関(不特定多数が利用する電車、バス、タクシー、国内線の飛行機等)を使用しないこと。
It’s the same as the English. No public transit or taxis, must reside in the same place unless unavoidable, no contact with other people.

According to many people I have spoken to both online and in person have stated that immigration officials at the airport and by phone have expressly stated that they can go out during quarantine. This is exactly why people are confused. This information is not in the official pledge travelers are required to sign. My suggestion for your report is to contact the immigration authorities directly and find out the truth. Print that in the newspaper so everyone, Japanese and gaijin are aware of the rules and one group doesn’t get blamed for the continued spread of the virus. The problem is with immigration and their hypocrisy.

ENDS

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

mytest

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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/

======================
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German media Tagesschau on what it’s like to be Covid-quarantined in Japan (basically a prison run by sweaty-headed bureaucrats)

mytest

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Hi Blog. Here’s is a German TV show reporting on what life is like in Japanese Covid quarantine. At first, it seems like an April Fool’s article, but it rings all too familiar when one deals with Japanese bureaucracy, especially when it gets paranoid about contact with the outside world and contagion. (I remember once on an NHK news broadcast during the Avian Flu scare in 2003, where bureaucrats were filmed positioning chairs 2 meters apart in an international airport quarantine zone, measuring down to the millimeter (yes, with a measuring tape) the distance between them. Phew! That one millimeter makes all the difference.)

Anyway, read what the German media has to say about current life in quarantine in Japan (which TV news show Tagesschau compares to a prison, but with very Japanese-bureaucracy touches), and how Olympic participants will be bypassing it all. “Measuring-tape Science” at work again. Debito Arudou, Ph.D.

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

From: Maximilian Doe
Subject: Great and nauseating article by “Tagesschau” (Review of the Day), Germany’s apex TV news, on the latest quarantine rules for overseas travelers returning to Japan
Date: April 1, 2021
To: Debito Arudou <debito@debito.org>

Hi Debito,

Maximilian Doe here. I wanted to draw you attention to a great and nauseating article by the “Tagesschau”, Germany’s apex TV news broadcasting (Germany’s equivalent to Britain’s BBC News). It deals with the current quarantine rules for incoming travelers and how they are enforced.

Here is the link: https://www.tagesschau.de/ausland/asien/tokio-einreisebestimmungen-corona-101.html

And here is my translation. Comment from me follows:

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

Corona-Entry to Japan
Jail-like quarantine
Tagesschau April 1, 2021, 12:17 p.m., translation courtesy of MD

The government of Japan gets seemingly nervous a couple of months to the Olympic Games: Many travelers from abroad have to go to a quarantine hotel – and that is a ripsnorter: No fresh air, roll call in the morning, cold food.

By Kathrin Erdmann, ARD Studio Tokyo

Lively singing of birds – that sounds nice at first glance, but the truth is that it is a sudden insolation forced upon the guests in a Covid quarantine hotel in Tokyo. And it is cynical, because all incoming travelers are sealed off from the outside world starting with boarding the plane for Japan. The windows of the hotel cannot be opened, the air-conditioning does not work. Those you want to exchange air by opening the door of the room just a crack wide will cause a crisscross of voices. The telephone will ring. Japan is watching you – and is scolding you as if you are a school child.

Roll call in the morning with spit test

There are roll calls at 6:30 in the morning. All who are captive the third or the sixth day have to do a Covid spit test. It will be collected one hour later, but that way you have plenty of time to collect your spit. And it wakes up everyone else, too.

Japan has decided two important things just a couple of weeks ago. First: Those who enter the country have to undergo three days of publicly financed mandatory quarantine and have to self-isolate afterwards for eleven days. Everything is rigidly double-checked with Apps, Skype, and written inquiries twice daily.

Second: The internationally accepted PCR-test is not enough for Japan’s bureaucracy any more. Now Japan demands swabs from the nose and throat. Those who do not agree to these swabs by signing and stamping must spend six days of quarantine without fresh air. Many travelers were affected by this during the last days, because these new rules were only mentioned in small print, a practice that also enraged multiple European embassies according to our information.

Food supply under surveillance

Three times a day a young Japanese voice wordily informs, that food will now be hanged at the doorknob and that it is prohibited to open the door in any case. Another announcement comes after the delivery has ended. Then you can take the food in, provided you are wearing a mask, and it is watched by a guard at the floor, who is standing there the entire day wearing a mask and face shield.

At the first time people curiously look into the bag with the food, but the joy dissipates already with the dinner at 6 p.m.: The food is always cold, it is always a pile of dry rice, always three snippets of white cabbage, often thin slices of pork with a rim of fat, and half a liter of water to gobble it down.

Alcohol is prohibited unless you coincidentally have some in your luggage. It is said that those who are hungry can – after extensive checks, of course – call friends to bring them dry food to the hotel.

Complicated way home

When the last gong rings after three or six days and multiple Corona tests the people affected are not allowed to take a taxi home. To not bother the neighborhood everybody has to go back to the airport first – probably with a colored rubber band at the arm again – and then they can go home.

Many Japanese are so embarrassed by this treatment of the bureaucracy towards incoming travelers that they apologize.

Participants in the Olympic Games are exempt from this

Participants in the Olympic Games and their teams are reportedly exempt from all of this next summer. According to current planning they can enter without any quarantine – and if they cannot bring the correct corona test Japan will probably welcome them anyway. After all, Japan wants to showcase itself as a tomodachi, a friend.
ENDS
////////////////////////////////

Comment from MD: I first hoped that it’s a very bad April Fools, but it wasn’t, since the article is still up today. It ranked #2 in the ranking of the most read articles at the time of translating, so people are curious about it, and rightly so.

This policy apparently applies to all returnees regardless of nationality, so the treatment is not necessarily racial discrimination. But it’s nonetheless a very problematic arrangement, basically punishing returnees with jail-like confinement. Also the part about food supply is dire. (sarcasm warning) I suppose Jewish and Muslim returnees will be extremely delighted by a bag of cold pork. Best regards, MD

======================
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My SNA VM column 20: “The World’s First ‘Japanese Only’ Olympics?”, on how Japan’s new ban on “overseas spectators” may lead to banning all foreigners (out of linguistics and force of habit) (UPDATED)

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Hi Blog.  Here’s an excerpt of my latest Shingetsu News Agency Visible Minorities column 20. Have a read before it goes behind paywall, and please subscribe if you want to see the rest of their articles — it’s but a dollar a week, and it supports progressive journalism. Enjoy.  Debito Arudou, Ph.D.

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Visible Minorities: The World’s First “Japanese Only” Olympics?
Shingetsu News Agency, March 15, 2021, By Debito Arudou

SNA (Tokyo) — Reuters and Kyodo recently reported that Japan is banning “foreign spectators” (or “overseas spectators”) from the Tokyo Olympics: “The government has concluded that welcoming fans from abroad is not possible given concerns among the Japanese public over the coronavirus and the fact that more contagious variants have been detected in many countries.”

Blogging about this at Debito.org, I worried aloud that excluding all “foreign spectators” would be interpreted to mean all foreigners, including Non-Japanese living in Japan. But commenters (some of whom already have tickets or will be volunteering to help) were quick to stress that the “overseas” wording meant only foreign tourists, not them.

But I wouldn’t be so sure about that.

Granted, the original wording in Japanese is kaigai kara no ippan kankyaku (regular spectators from overseas), not “foreigners” (gaikokujin). But words matter, especially when you’re categorizing people, and doing it wrong will lead to discrimination.

I think Japan will do it wrong, due to linguistics and force of habit…

Rest at http://shingetsunewsagency.com/2021/03/15/the-worlds-first-japanese-only-olympics/

(Read a rough draft of the contents of this article before it became my SNA column at https://www.debito.org/?p=16480)

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

UPDATE MARCH 20, 2021: The NYT reports that it’s a done deal now. The IOC has approved the exclusion of all “spectators from overseas”. And it’s just being passed off as a “concession to the realities of the pandemic”. Its possibly problematic enforcement in terms of NJ Residents is not touched upon — more focus is on the plight of overseas ticket holders. — Debito

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

Spectators From Overseas Are Barred From Tokyo Olympics
The move, announced Saturday, is a significant concession to the realities of the pandemic, even as organizers remain determined to hold the Games this summer.

By Motoko Rich and Ben Dooley
New York Times, March 20, 2021
https://www.nytimes.com/2021/03/20/world/asia/tokyo-olympics-spectators.html

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

JOC’s official statement on this:

ABOUT THE GAMES
Statement on Overseas Spectators for the Olympic and Paralympic Games Tokyo 2020
Japan Olympic Committee 20 MAR 2021, courtesy of BM
https://tokyo2020.org/en/news/statement-on-overseas-spectators-for-the-olympic-and-paralympic-games-tokyo-2020

======================
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School “Hair Police” lose case in Osaka (kinda): Court awards the victim a pittance, but rules that enforced hair coloring has “reasonable and legitimate educational purpose”. Another setback for Visible Minorities.

mytest

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Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog. Debito.org has talked about Japan’s “Hair Police” before, where students of diverse backgrounds or phenotypical differences (including Wajin) are forced to dye and straighten their naturally non-black wavy hair to conform to Japanese Junior High and High School rules. (See for example here, here, and here.). I wrote a column on it in the Japan Times (version without paywall here) more than a decade ago. And some students have even been officially bullied (forced to have their hair cut by teachers in front of other students in a court case now pending) not only by students, but by teachers and administrators. This blog post focuses on a court case that just got handed down in the Osaka District Court on Feb. 16, where a student was essentially expelled from her school for not dyeing her naturally-brown hair.

On the face of it, the verdict looks like a victory for Japan’s Visible Minorities, with the Court awarding some damages to the plaintiff. However, these damages (330,000 JPY, or about 3000 USD) are minuscule, and will not cover the out-of-pocket costs of going to court in the first place (in discrimination cases, they rarely if ever do). But worse is that the Court in effect legitimizes these awful school rules by finding that hair policing has, “a reasonable and legitimate educational purpose, and so maintaining student discipline is within the discretion of the school“.

So in terms of legal precedent, this says that rules that enable teachers to scrutinize student hair follicles, and bully kids who don’t have what they consider to be “normal” coloration, are just an acceptable part of Japanese education.

Bullying is rife in Japanese education, but when it’s ignored (or even perpetuated) by officialdom, this feeling of powerlessness will leave children (particularly those NJ children with diverse physical features targeted for “standing out“) and their families scarred for life.  (As discussed at length in book “Embedded Racism“, pg. 154-5.)  Visible Minorities and their families thinking of putting their kids in Japanese Secondary Education should think very hard in advance about what sorts of trauma they would be putting them through (not to mention exposing their children to dangerous chemicals in hair dyes).

Thus the Osaka Court has done nothing less than approve of institutionalized bullying and enforced conformity with a racialized bent. The natural attributes of Visible Minorities should be celebrated, not treated as aberrations, singled out in public, and suppressed. Debito Arudou, Ph.D.

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National
Girl wins suit against Osaka Prefecture over school telling her to dye hair black
SoraNews24/Japan Today, Feb. 18, 2021
By Casey Baseel, courtesy of JDG
https://japantoday.com/category/national/girl-wins-suit-against-osaka-prefecture-over-school-telling-her-to-dye-hair-black

Ostensibly, school dress codes are supposed to be about eliminating distractions, and so it’s common for Japanese schools to prohibit students from dying their hair. However, problems can occur if schools rigidly assume that no one dying their hair will always result in everyone having the same hair color.

Though the vast majority of ethnically Japanese people, who make up the vast majority of students at schools in Japan, have naturally black hair, some Japanese people’s hair is instead a dark brown. This can lead to situations where a school tells a brown-haired student that they have to dye their hair black, often predicated by their not believing that the student’s natural hair color is brown, and that they’re trying to get away with dying it.

That was the case for a teen attending Kaifukan Prefectural High School in the town of Habikino, Osaka Prefecture. The girl enrolled in 2015, and was repeatedly told that she had to dye her brown hair black. The girl insisted that brown was her natural hair color, but the school says that three different teachers examined the roots of the girl’s hair and found them to be black, which they took as proof that she had been coloring her hair.

Eventually the girl, who is now 21 years old, claims she was told “If you’re not going to dye your hair black [i.e. back to black, in the school’s opinion], then there’s no need for you to come to school.” Feeling pressured and distressed, the girl did indeed stop attending classes, and the school then removed her name from her class seating chart and student roster.

But instead of seeing the school’s administrators on campus, the woman decided to see them in court, and in 2017 filed a lawsuit over the incident, asking for 2.2 million yen in compensation.

On Tuesday an Osaka district court handed down its ruling, finding neither side to be completely in the right. Presiding judge Noriko Yokota recognized the validity of the school to set and enforce rules relating to coloring hair, saying “Such rules have been established as having a reasonable and legitimate educational purpose, and so maintaining student discipline is within the discretion of the school.”

Yokota also declared “It cannot be said that the school was forcing [the girl] to dye her hair black,” seemingly taking the school’s word that the girl’s roots were black, and that the administrators were only requiring her to return to her natural hair color.

However, the school isn’t getting off completely free. The court also ruled that the administration’s actions after the girl stopped coming to class, such as removing her name from the roster and removing her desk from the classroom, were unacceptable, and has ordered Osaka Prefecture pay damages of 330,000 yen to the woman.

The amount is far less than she had been seeking, and the lack of any legal condemnation for the school insisting her hair should be black is likely to leave the plaintiff less than satisfied, and her lawyer expressed disappointment that the court took at face value the teachers’ assertation that the girl’s roots and natural hair color were black. This was likely a critical point of contention, as certain educational organizations, such as the Tokyo Board of Education, now have policies against pressuring students with naturally non-black hair to dye it black.

Meanwhile, Kaifukan says it has no plans to appeal the decision and attempt to avoid sanction entirely, and the school admits that it could make greater efforts to earn the understanding of students and their guardians regarding school rules. “We have not changed our standard of having students who have dyed their hair return it to black, but this case has been a learning experience, and we will be giving greater thought to how to better guide our students.”

ENDS

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Osaka court orders pref. gov’t to pay $3,100 after student forced to dye hair black
February 17, 2021 (Mainichi Japan), courtesy of JK
https://mainichi.jp/english/articles/20210217/p2a/00m/0na/007000c

OSAKA — The district court here on Feb. 16 ordered the prefectural government to pay 330,000 yen (approx. $3,109) in compensation for mental suffering to a woman who stopped going to a prefecture-run high school after it instructed her to dye her naturally brown hair black.

The now 21-year-old woman had sought some 2.2 million yen ($20,700) from the prefecture.

Presiding Judge Noriko Yokota recognized the appropriateness of Osaka Prefecture Kaifukan Senior High School’s instructions toward students on hair color, saying, “It cannot be said that there was coerced dyeing of the hair,” but pointed out that it was illegal for the school to remove the woman’s name from the school roster when she started missing classes.

“We will respond appropriately after reading the sentence thoroughly,” Osaka Gov. Hirofumi Yoshimura told reporters.

Kaifukan Senior High School, in the Osaka Prefecture city of Habikino, prohibits students from dyeing or bleaching their hair. The plaintiff in the court case matriculated at Kaifukan in the spring of 2015, and was repeatedly told to dye her hair black. She was even told that she need not come to school if she was not going to dye her hair black, which she said drove her to stop going to school. After she started missing classes, her name was removed from the class roster, and she no longer had a seat in the classroom, which the woman argued was “bullying in the name of student guidance.”

Meanwhile, the prefecture argued that when a teacher was offering guidance to the student, they confirmed that the students’ hair roots were black, meaning that her natural hair color was black. It rebutted the plaintiff’s claims and said that it was merely providing guidance because the student was in violation of a school rule, and that there was nothing illegal about what it had done.

Lawsuits have been fought over “student hair guidance” in the past. In a case in the southwestern Japan prefecture of Kumamoto, in which the legality of a school rule that stipulated that all male students at a public junior high school shave their heads was contested, the 1985 Kumamoto District Court’s decision that the rule was “not strikingly irrational” became finalized. In a damage lawsuit in which a female student attending a school run by the Nara Prefecture city of Ikoma in western Japan argued that being forced to dye her hair black was corporal punishment, the Osaka District Court in 2011 dismissed the student’s claim, saying that the school’s actions were “within the range of educational guidance.” The Supreme Court supported the lower courts’ decision.

ENDS

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Japanese version
「黒染め強要」訴訟 大阪府に33万円の賠償命令 地裁判決
毎日新聞 2021/2/16, courtesy of JK
https://mainichi.jp/articles/20210216/k00/00m/040/080000c

生まれつき茶色の髪を黒く染めるよう学校から強要されて不登校になったとして、大阪府羽曳野市の府立懐風館高校に通っていた女性(21)が府に約220万円の慰謝料などを求めた訴訟の判決で、大阪地裁は16日、府側に33万円の賠償を命じた。横田典子裁判長は「黒染めの強要はあったとはいえない」と頭髪指導の妥当性を認めた上で、不登校後に名簿から女性の氏名を削除したことなどを違法と指摘した。

大阪府の吉村洋文知事は記者団の取材に、「判決文をしっかり見た上で、適切に対応したい」と述べた。

同校は校則で、髪の染色や脱色を禁じている。女性は2015年春に入学後、髪を黒く染めるよう再三指導され、「黒染めしないなら学校に来る必要がない」などと言われて不登校に追い込まれたと主張。不登校になった後も、教室に自分の席がなくなったり、名簿から氏名を削除されたりしたとして、「生徒指導の名を借りたいじめだ」と訴えていた。

一方、府側は、教諭が指導した際、女性の髪の根元が黒かったことを確認しており、地毛は黒だと主張。校則に反して茶色に染めていたため指導しただけで、違法性はないと反論していた。

頭髪指導を巡る訴訟は過去にも起きている。熊本県内の公立中で男子生徒を丸刈りとする校則の違法性が争われた訴訟で、熊本地裁(1985年)が「著しく不合理ではない」とした判決が確定。奈良県生駒市立中の女子生徒が黒染めは体罰だとして市に賠償を求めた訴訟では、大阪地裁(11年)が「教育的指導の範囲内」として請求を棄却、最高裁で生徒側敗訴が確定した。【伊藤遥】

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NB: Debito.org Readers have already commented on this case in a separate blog entry.  Click here to see their comments

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

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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/

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Kyodo: Japan developing GPS tracking system for foreign travelers as “anti-virus measure”. So Covid is now another international event, justifying more policing of foreigners only?

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Hi Blog.  In a development that Debito.org has been anticipating for quite some time (see, for example, the remotely-trackable RFID chipped Zairyuu Kaado ID cards the Government rolled out in 2012 to keep better tabs on NJ Residents), according to a Kyodo article below the Government is using the Tokyo 2020 Olympics as an excuse to enact programs digitally tracking all foreign tourists.  Read on:

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Japan developing tracking system for travelers from overseas as anti-virus measure
Kyodo News/Japan Today Dec. 27, 2020
https://japantoday.com/category/national/Japan-developing-tracking-system-for-travelers-from-overseas-as-anti-virus-measure

TOKYO (KYODO) — Japan is developing a system aimed at keeping track of travelers from overseas as part of efforts to prevent the further spread of the coronavirus within its borders, a senior government official said Sunday.

“There will be no point if we don’t implement it, so you will not be allowed to enter the country unless you use it,” Takuya Hirai, digital transformation minister, said on television.

Hirai said the government wants to complete the development of the monitoring system by the rescheduled Tokyo Olympics and Paralympics, due to be held next summer.

Without providing in-depth detail, he said it will function by using global positioning system technology.

His comments on Fuji TV’s “The Prime” news program came a day after Japan said it will ban nonresident foreign citizens from entering the country, which has been seeing record daily numbers of coronavirus cases in recent weeks.

The measure, which will take effect from Monday through January, was announced following Japan’s detection of a new and seemingly more contagious variant of the virus.

Among other measures to tighten its borders, Japan will require its nationals and foreign residents to quarantine for two weeks, show proof of a negative coronavirus test result within 72 hours of departure for the country and undergo another test upon arrival.
ENDS

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COMMENT:  Nothing quite like being forced to wear the equivalent of a GPS criminal tracker for your entire stay.  And it’s not a stretch to see it being applied beyond tourists to NJ Residents after that, as Covid is providing a pretense to “track and trace” those “foreign clusters“.  As CNN notes, “If visitors are allowed [to attend the Olympics], their experience will likely be high-tech. The government is developing a contract tracing app for attendees using GPS that will reportedly link visas, proof of test results, tickets and other information, authorities said.”

Visas? So we’re getting Immigration involved? As Submitter JDG notes, “Obviously, it’s just a matter of time until the Japanese demand all NJ are 24/7 tracked legally in real time with an automated alert popping up on some koban monitor the minute their visas expire. That ought to end that nefarious den of crime right there!  Whew.”

Finally, note how this proposed contract tracing and tracking is only being applied to foreigners, not Japanese:

“In doing so, [Kanagawa] prefecture would spend much less time pursuing contact history for what it described as the second most cluster-prone demographic — namely, kindergarten, day care and school teachers — and would completely stop investigating others. With the announcement, Kanagawa became the nation’s first prefecture to forge ahead with such a drastic scaling down of contact-tracing, which had been the linchpin of Japan’s battle against the pandemic.” (Japan Times, Jan 19, 2021, courtesy of JDG, emphasis added)

So with the advance of technology, the dragnet further tightens on “the foreign element” in Japan. As we have seen with the G8 Summits, the 2002 soccer World Cup, the 2019 Rugby World Cup, “Visit Japan” tourism campaigns in general, and now the 2020 Olympics, international events in Japan serve to inflame its knee-jerk “safety and security” reflexes, and justify all manner of bad overpolicing habits. They essentially become an excuse to invite foreigners in, then police them further.  Debito Arudou, Ph.D.

======================
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My SNA Visible Minorities column 18: “Latest visa rules could purge any foreigner” (Jan 18, 2021), on how Covid countermeasures disproportionately target Non-Japanese against all science or logic

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Hi Blog. My latest SNA column’s point is this: Even after political leadership has finally shed Shinzo Abe, the Japanese government has found new ways to discriminate against foreign residents of Japan. This is no accident, as NJ were in no way protected, considered, or involved in this policymaking that profoundly affects them.  Soon, any foreign resident of Japan may be under threat of immediate deportation. Excerpt follows, full article at http://shingetsunewsagency.com/2021/01/18/visible-minorities-latest-visa-rules-could-purge-any-foreigner/  Debito Arudou, Ph.D.

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“Latest visa rules could purge any foreigner”

Shingetsu News Agency, Visible Minorities column 18, January 18, 2021

[…] New year, new salvo of foreigner bashing: Last week, the Suga administration unveiled re-entry rules that permit non-Japanese residents to re-enter the same as Japanese, as long as they completed the same paperwork and fourteen-day quarantine.

Good, but here’s the wrinkle: If you are found in violation of any quarantine regulations, you don’t just get in trouble like Japanese by, err, having your name made public. You may lose your visa status and get deported from the country. You read that right.

This policy was in reaction to the discovery of the United Kingdom mutation of Covid within Japan this month. But like most policy created in times of shock, it has hasty assumptions: that a foreign variant meant that foreigners were somehow responsible. In fact, the Patient Zeroes who came back from England and went out partying instead of quarantining were Japanese.

This new policy is ironic. In addition to the past year of Japanese media blaming foreigners for creating “foreign clusters,” it also ignores the lazy government response to Covid. Nobody at the national level wanted to take the responsibility for declaring a blanket state of emergency. But since infections have now reached record numbers, here comes the crackdown—and once again foreigners are being disproportionately targeted.

Granted, the government is now threatening to mete out jail time and fines for Japanese who don’t cooperate with measures to reduce Covid’s spread. This has occasioned the perfunctory hand-wringing about the effectiveness of punishment in curbing infections and “infringing too much on personal freedoms” for Japanese. I see that as part of the healthy give-and-take of political debate, to make sure things don’t go too far. But where is the parallel debate about the “freedoms” of non-Japanese residents who are receiving unequal treatment under the law?

A Japanese getting a fine or a spell in the clink is one thing, but it’s incomparable to a foreigner losing their legal status gleaned after years or decades of residency, followed by deportation and permanent separation from their lives, livelihoods, and families in Japan.

We know that one of the reasons Covid became a pandemic is because of asymptomatic transmission. So what if a person who doesn’t know they’re sick and hasn’t left the country gets linked to a cluster by contact tracing? If that somebody happens to be a foreigner, his or her life in Japan may well be over…

Read the rest at http://shingetsunewsagency.com/2021/01/18/visible-minorities-latest-visa-rules-could-purge-any-foreigner/
======================
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Japan Times: J Govt’s pandemic border policy highlights their taking advantage of insecure legal status of foreign residents

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Hi Blog. In more remarkable reporting, Magdalena Osumi brings out the background thought processes behind Japan’s Covid measures that have constantly targeted foreigners in particular as vectors of infection. I will be talking more about this in my next SNA column out tomorrow, but before that, let’s get some insights into the mindsets of our government, which takes full advantage of the fact that foreigners in Japan have no guaranteed legal, civil, or even human rights under the Constitution in Japan because they don’t have citizenship. Debito Arudou, Ph.D.

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Tokyo’s pandemic border policy highlights insecure status of foreign residents
By Magdalena Osumi, The Japan Times, Dec 30, 2020
Courtesy https://www.japantimes.co.jp/news/2020/12/30/national/japan-pandemic-foreign-residents/

Excerpt:
[…] Inequity between the treatment of Japanese and non-Japanese residents, including those with established residency status and decadeslong careers here, brought back to the surface long-standing frustrations over apparent struggles with multiculturalism in the nation, stirring debate on the status of foreign residents here and the extent of Japan’s preparedness for an influx of foreign workers that had been anticipated before the pandemic struck.

As questions linger over the government’s intentions behind the controversial rules, records and reports from behind the scenes of Japan’s fight against the pandemic have begun to emerge.

They highlight the limits of the nation’s immigration strategy, with decisions apparently made ad hoc amid chaos, and reveal the insecure status of foreign nationals in Japan and underlying discriminatory attitudes within society toward immigrants and expatriates.[…]

Japan’s handling of border control in the first months of the year was more chaotic.

That changed on April 3 when Japan introduced a draconian border control policy, banning entry by nearly all foreign residents from 73 countries and regions affected by the spread of the virus.

What prompted some of the most intense criticism of the policy was its failure to distinguish between short-term visitors and long-term residents — a decision that made it the only member of the Group of Seven that refused to allow residents with foreign passports to return to their homes in Japan from overseas.

What turned out to be the decisive factor in Japan’s implementation of the strict entry ban — and its reluctance to ease the restrictions — was a lack of preparedness to control entry procedures, together with poor testing capacity at airports. […]

Reports from government meetings do not show any sign of vigorous debate on the consequences of imposing strict restrictions on non-Japanese residents with legal residency status in the nation, despite concerns about international ties and a long-term impact on Japan’s economic interest. […]

On top of that, the government faced a challenge in implementing further restrictions on Japanese citizens, who are protected by a constitutional right to enter Japan. Foreign nationals, meanwhile, do not have such protection under the Constitution. […]

Throughout the year, health care experts on the government’s coronavirus task force expressed concern that they were unable to gain a comprehensive view of the attitudes held by foreign nationals toward the pandemic.

Officials were worried that language barriers, for example, may hamper access to information on basic anti-infection measures, such as avoiding the so-called Three C’s of closed spaces, crowds and close-contact settings.

But that their remarks suggesting inability among foreign nationals to adhere to health protocols were made alongside words of encouragement regarding the promotion of domestic tourism instilled a false perception that the pandemic in Japan was under control, in contrast to the situation abroad, while contributing to a narrative that foreign nationals may have posed a threat…

Full article at https://www.japantimes.co.jp/news/2020/12/30/national/japan-pandemic-foreign-residents/
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“Tired Panda” on how rural tax authorities specialize in targeting foreign taxpayers for audit. And Japan aims to be Asia’s #1 financial hub? Hah.

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Hi Blog. In the wake of treating Non-Japanese Residents like they’re riddled with extra Covid contagion, here’s yet another example of how Non-Japanese taxpayers are treated with extra suspicion — with bored tax auditors even in the most rural areas of Japan dedicated to ferreting out rank-and-file sneaky foreigners’ assets and earnings socked away overseas. Courtesy of Debito.org Reader “Tired Panda”, edited and reproduced here with permission.

According to numerous sources, “Japan has explicitly stated its goal is to make Tokyo the number one financial city in Asia… Japanese officials see an opportunity to lure the Asian headquarters of global financial firms to Tokyo as Hong Kong struggles under new scrutiny from Beijing.” In a business climate like the one being described by “Tired Panda” below, who wound up giving up Permanent Residency status after being zapped by local tax authorities, this seems unlikely to happen in Japan.

Any Readers out there who can help this person out? Debito Arudou, Ph.D.

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From: “Tired Panda”
Subject: Foreign taxation accountants in Japan
Date: January 2, 2021
To: debito@debito.org

Hi Debito,

Firstly, thank you for the tireless work you have done over the years to uncover the systemic racism in Japan and demystify many of the baffling issues ever present for a non-Japanese living in Japan.

I arrived on these shores in 199X, and after leaving the JET program, I went on to do various gigs and also teach in some of the Universities around the [Katainaka Prefecture] area.

In 201X, I joined a Japanese company, under the umbrella of a global company, and still work there to this day, now as a contracted employee. My salary has never increased and I have never received a bonus.

However, my beef is not with the contract (that’s a separate issue), it is with the ever increasing harassment by the [Katainaka Prefecture] Tax department.

I have scoured your columns to look for information on the “exit tax” which came into effect in July 2020, and also for any links to taxation experts.

Of course, there are the giants like KPMG and Price-Waterhouse Coopers, but they are geared more to the highly paid CEOs and other foreign workers whose taxation is more of a corporate nature.

It started with my tax accountant in [Katainaka Prefecture], who I have used for several years, suddenly asking me to declare my worldly assets, including how many mountains I owned. Being unaware of any such requirement, I was stunned by this and resisted but my accountant said just roughly write it down and as long as it’s under 5,000,000 you’ll be OK. Just sign it.

The tax department audited me a couple of years ago covering a period of 5 years. They have two young recruits whose full-time job is to concentrate on foreigners. They speak no English. They produced figures suggesting I had been evading taxes over this time and the amount of tax payable. They would not say what shares or investments were the source of the income and I had no way of disputing any figures. I’m aware that tax losses can be carried over to offset gains but they would not recognize this for my foreign investments, saying something about a “blue paper”. I made a start on trying to track everything over the years, but gave up when it became evident that unless something was in the format they required, such as a statement from Monex Japan, they would not accept it. They also slapped a penalty on each of the year’s taxes, compounding over the five year period. It became obvious that it was futile and I paid a substantial amount.

I thought this was the end of that horrifically stressful saga and I would make sure to try and do everything required and account for everything down to the last cent. I decided to revoke my permanent residency as I can’t see myself living indefinitely in this country which is forever tightening the tax noose in an effort to pay for the aging population. With the sponsorship of my company and using the new points system I changed to “Highly Skilled Professional (i) (b)” status.

I recently received an email from my accountant saying that the [Katainaka Prefecture] tax department is asking if I actually had more than 5,000,000 yen when I signed the statement over 5 years ago. I have ignored this.

I remember seeing that with the visa status I have, I do not need to declare foreign income. I don’t remember where I saw that, but I have no doubt that my current tax accountant is blissfully unaware of the implications of my current visa. I advised him for his information but received no response. The last communication was a relaying of the question from the [Katainaka Prefecture] Tax Office.

So, after that long-winded explanation, my question is; are you able to direct me to an English speaking tax accountant… who would be able to correctly lodge a tax return for me and offer advice? As I mentioned, the international tax specialists mentioned above are quite exorbitant, so I’m looking for a smaller scale accountant firm.

Thanks again and kind regards, “Tired Panda”
///////////////////////////////////////////
ENDS
======================
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My SNA Visible Minorities 17: NIKE JAPAN Advertisement on Japan’s Visible Minorities does some good (Dec 21, 2020)

mytest

Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
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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.

======================
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United Nations human rights experts say Japan was wrong to detain former Renault-Nissan CEO Carlos Ghosn; owes him compensation

mytest

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Hi Blog.  I wrote back in January in my Shingetsu News Agency column that Carlos Ghosn’s escape from Japan’s gaijin gulag was the right move — not least because Japan’s heavy-handed prosecutorial powers and treatment of criminal suspects is in itself a violation of human rights.  Now it turns out the United Nations would agree.  An AP article follows, courtesy of lots of people.  As Debito.org Reader JDG points out, “How’s that effort to turn Tokyo into an international financial hub going, BTW? Attracting much elite foreign talent? I guess Japan will be back in touch with the U.N. when it wants some more UNESCO listings…”

Given that Japan has been shamed for decades over its human rights record, and still has not passed a criminal law against racial discrimination as promised under international treaty it signed a quarter century ago (yes, way back in 1995!), I doubt this will mean much. But at least it’s a delicious vindication for our advocacy camp. Debito Arudou, Ph.D.

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Crime
Human rights panel: Japan was wrong to detain Carlos Ghosn; owes him compensation
Associated Press/Japan Today, Nov. 24, 2020
By JAMEY KEATEN
Courtesy https://japantoday.com/category/crime/Human-rights-panel-Japan-was-wrong-to-detain-Carlos-Ghosn-owes-him-compensation

GENEVA — A panel of human rights experts working with the United Nations said Monday that former Renault-Nissan boss Carlos Ghosn was wrongly detained in Japan and has urged “compensation” for him from the Japanese government.

The Japanese government denounced the report as a “totally unacceptable” viewpoint that will change nothing in the country’s legal process.

In its opinion published Monday, the Working Group on Arbitrary Detention found that Ghosn’s arrest in Japan in late 2018 and early 2019 was “arbitrary” and called on Japan’s government to “take the necessary steps to remedy the situation of Mr Ghosn without delay.” A determination of whether detention is arbitrary is based on various criteria, including international norms of justice.

While Ghosn is no longer in Japan, having fled in a dramatic operation that drew headlines worldwide, the opinion could weigh on minds in courtrooms in the country and beyond. It could affect, for example, the possible extradition of two Americans, Michael Taylor and his son Peter, whom Japanese prosecutors say helped the executive sneak out of Japan.

Ghosn, a 66-year-old with French, Lebanese and Brazilian citizenship, led Japanese automaker Nissan for two decades, rescuing it from near-bankruptcy. He was arrested in November 2018 on charges of breach of trust, in misusing company assets for personal gain, and violating securities laws in not fully disclosing his compensation. He denies wrongdoing.

In December, he fled Japan to Lebanon while out on bail awaiting trial, meaning his case will not go on in Japan. Interpol has issued a wanted notice but his extradition from Lebanon is unlikely.

The five-member working group, which is made up of independent experts, called on Japan to ensure a “full and independent investigation” of Ghosn’s detention, and asked the government “to take appropriate measures against those responsible for the violation of his rights.”

The working group said that “the appropriate remedy would be to accord Mr Ghosn an enforceable right to compensation and other reparations.”

The opinions of the working group are not binding on countries but aim to hold them up to their own human rights commitments. Among its past rulings involved the case of Wikileaks founder Julian Assange, who was likewise deemed to have had his human rights violated.

The panel, which is independent from the United Nations, noted a string of allegations from Ghosn and his representatives, such as that he was subjected to solitary confinement and long interrogations at day or night, and denied access to court pleadings. His team claimed that interrogations of Ghosn were aimed to extract a confession.

Japan’s system has been repeatedly criticized by human rights advocates. The panel cited previous concerns about Japan’s so-called daiyo kangoku system of detention and interrogation that relies heavily on confessions and could expose detainees to torture, ill-treatment and coercion.

Japan’s Foreign Ministry said in a statement that the government had applied “appropriate procedures” in the case, and it could not provide full information to the working group before a trial had begun. For that reason, the ministry added, it would be inappropriate for the working group to make a decision on the Ghosn case “based on limited information and biased allegations” from him and his team.

“The opinion is totally unacceptable, and is not legally binding,” the ministry statement said. It also warned that the opinion could set a dangerous precedent, and “encourage those who would stand criminal trial to entertain the idea that flight can be justified and prevent the realization of justice and the proper functioning of the criminal justice system in each country.”

“Japan can by no means accept the opinion of the Working Group regarding the case of the defendant Carlos Ghosn,” it added.

Ghosn lawyer Jessica Finelle welcomed the “brave” decision by the panel and said its members had been “hard on the Japanese legal system” and the way that Japanese authorities treated Mr Ghosn, “specifically, violating numerous times his presumption of innocence, presenting him as guilty, orchestrating two of his arrests with the media…”

Ghosn was “very happy” and “relieved” about the opinion, she said.

“He is somehow is getting back his dignity because he’s been humiliated during this time that he was held in Japan,” she said.

Ghosn has accused Nissan and Japanese officials of conspiring to bring him down to block a fuller integration of Nissan with its French alliance partner Renault SA of France.

Ghosn’s lawyers filed a petition with the working group in March last year, appealing to its role to look into cases in which governments are alleged to have wrongly detained individuals under agreed international human rights conventions.

Its members declined to speak to reporters about the opinion, the U.N. human rights office said.
ENDS

======================
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My SNA Visible Minorities 15: “New Covid Foreign Resident Re-Entry Rules Still Racist”, on how they are actually a natural outcome of Japan’s bullying bureaucracy (Oct. 19, 2020)

mytest

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

Hi Blog.  Here’s my latest Shingetsu News Agency “Visible Minorities” column 15.  Enjoy.  Debito Arudou, Ph.D.

=========================
Visible Minorities: New Covid Foreign Resident Re-Entry Rules Still Racist
OCT 19, 2020 by DEBITO ARUDOU in COLUMN
http://shingetsunewsagency.com/2020/10/19/visible-minorities-new-covid-foreign-resident-re-entry-rules-still-racist/

SNA (Tokyo) — Sometime during your life in Japan, you will probably feel a chilling attitude in Japan’s bureaucracy: as a foreign resident, you don’t really matter. To Japan’s policymakers, you’re at best an existence to be tolerated, at worst an unpredictable element that needs constant policing.

You’ll see it in things like Japan’s special foreign registry systems, or the “Gaijin Cards” that must be carried 24-7 and leave you vulnerable to random street ID checks by racist cops.

But you might not have realized until recently the most dehumanizing tenet of all: That foreigners should have no legal expectation to belong here.

Japan’s Supreme Court ruled in 1992 that Japan’s foreign residents have no “right of sojourn,” i.e., to leave Japan temporarily and expect to return. (Japan Times columnist Colin Jones called it a “reverse Hotel California”–you can leave any time you like, but can never check back in.)

That means that even if you invested your entire life in Japan, married a Japanese, had children, paid taxes, bought property, started a business, and even achieved Permanent Residency (which by definition should be a legitimate claim to reside here forever), nothing you did matters. You cross the border, you’re out.

Hypothetically, if push comes to shove, a Permanent Resident will have the same status as any foreign tourist at the border.

Well, that hypothetical came true last April when, due to Covid, Japan decided to bar all foreigners from re-entering Japan–even though Japanese could still return and merely quarantine. No other developed country does this, and there is no science indicating that Japanese passports offer enhanced epidemiological protection. It was purely arbitrary.

So foreign residents found themselves stranded overseas apart from their Japanese families, or watched helplessly from Japan as their overseas kith and kin died. This heartless and explicit racism attracted significant international attention, so from October 1, Japan announced it would open its borders to foreign residents under certain conditions.

But it turns out that, realistically, these conditions are still a ban…. By arbitrarily creating a tight 72-hour hour window requiring special paperwork unattuned to the realities of Covid testing overseas (especially when the test is meaningless if you get infected on the plane), Japan’s bureaucrats merely deflected international criticism from its regular racism by replacing it with new, improved racism.

Read the entire article at http://shingetsunewsagency.com/2020/10/19/visible-minorities-new-covid-foreign-resident-re-entry-rules-still-racist/

======================
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W on Japan’s Kafkaesque and faulty re-entry procedures (even after October revisions to “open borders to Re-entry Visa foreign residents”): More elaborate racist barriers now.

mytest

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Hi Blog.  What follows below is an eyewitness account (redacted to remove personal identifiers) of a Permanent Resident of Japan, married to a Japanese for decades, who as a European went through re-entry procedures that apply to foreigners only (regardless of visa status) and not Japanese.  The Japanese Government claims they have made things easier for Non-Japanese re-entrants since October 1, but Debito.org Reader W would beg to differ below.

This Kafkaesque account will no doubt resonate with those who are used to Japanese bureaucracy, and doubly so when they see how racism (the belief that having a Japanese passport somehow makes you less contagious) is as usual part of the mix.  Debito Arudou, Ph.D.

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

From: W
Subject: My Investigation Story – W (posts on Debito blog)
Date: October 17, 2020 (revised version)
To: Debito Arudou <debito@debito.org>

Dear Debito,

Thank you for follow up on re-entry ban issue. It is very important that someone is trying to do something with this discriminatory measures. Here is my personal investigation. I have had enough with lack of clarification and just assumptions by posters around various news venues.

I spoke with one of the Japanese Embassies in Europe to ask about the procedure. They were very kind and helpful. I would advise everyone to contact them in the country you are staying, not to read the “assumptions” in other media.  I also asked about my Japanese spouse who is always with me in the same country where we spent the last half year. Let me start from her, because her case is short.

Well, my spouse doesn’t need anything even though we would re-enter together from the same country where we lived together. Japanese don’t need to prove negative Covid exposure (through a PCR test) prior to return to Japan. However, I as a foreigner need a) a PCR test, administered in the foreign country 72 hours before departure, and b) a “Confirmation Letter” with “Certificate of Testing for COVID-19” signed and sealed by the lab by the foreign country that conducted this PCR test. ( I sent you screenshot proof).  In spite of the kindness over the phone, I realized that their attitude is that only we foreigners carry viruses after all.

One of my questions was about PCR lab because officially without minor symptoms one cannot be tested in my foreign country.  The Embassy told me the whereabouts of some labs that do test without symptoms, and I was given the names. I was reminded that unlike regular PCR tests, these is not free and I will have to pay for it.

I continued to ask further questions about how it works, because it would be rather impossible to set up everything within 72 hours, including a getting that Confirmation Letter and “PCR Certificate” from the Embassy which takes a couple of days to receive.  That looks like this (PDF):

PCR Certificate for Japan

Also see example from the Japanese Consulate, Boston, USA. https://www.boston.us.emb-japan.go.jp/files/100098498.pdf

I also asked why do I need such letter at all when I already have a re-entry seal? The answer I received was:

The Confirmation Letter is necessary to control inflow of foreign re-entrants, so they can follow up with testing capacity at the airport. If too many of them ask to re-enter then the Government may ask to temporary stop issuing those letters. (This sounds like the option for a re-entry ban again).

Anyway, I continued with questions about timing. And this is where it shows totally different story from what people “assume” on various posts.

Test result time varies by countries. I want to point that I`m against of PCR test if it doesn’t involve everyone regardless of their nationality.

Interestingly, we don’t have to show to Embassy our PCR result in order to receive Confirmation Letter. I was advised to begin process with the letter, which takes couple of days to receive it and then do the test after that. If it comes up negative then I can purchase a ticket. (72 hours before takeoff the ticket price would probably be tripled.)

Anyway, I wanted to be sure, so I asked questions again:

Me Q: Does this mean I don`t have to bring PCR to show you in order to apply and receive Confirmation Letter?

Emb A: No, because you won`t be allowed in without PCR result with only the letter itself. This is why you can apply as soon as you want to.

Me Q: Do I have to come to the Embassy? It takes about an hour drive one way.

Emb A: Yes, we need your Passport and ID. (ONE MUST HAVE VALID RE-ENTRY)

Me Q: Fair enough. Do I have to pick up in person too?

Emb A: Yes, you have to come again to pick it up. (Note: another 2 hours lost from the 72-hour window)

Me Q: What happens when I arrive in Tokyo? I know there is another test and then…?

Emb. A: We don`t have such information, I will give you phone number so you can call to ask in Japan
Me: OK,Thank you.

I received the number, and my spouse called that number next day. I can say that the staff was extremely helpful and explained to us everything. We also called Japanese Immigration too. They also were very helpful.  A lot of hassle, but at least we had very kind people on the other side of the line.

Initially I gave up on returning to Japan for time being. My spouse was crying, because going back alone was not what we always do. We live and travel together. In our long marriage we are never separated. We are a happy couple. I cannot blame my spouse for what the Japanese Government does to separate international families.

Whenever we enter Europe, my spouse always goes with me to almost empty immigration line for EU Citizens, because residency permit holders can do it.  However in Japan at the entry point we are separated.  I`m fingerprinted and photographed as a suspicious resident — and now this extra set of hoops to jump through, because I may be a threat to Japan’s National Security. (The Covid re-entry ban is based on such an assumption.)  I admire Japan and people and always follow the rules, never had any problems and I don’t see myself having any wherever I go. National Security would some kind of real accusation IMO.

Now, back to testing abroad, which differs from the requirements for Japanese people:

I didn’t want to be separated from my spouse, so I decided to go ahead and go through all the hassle.

The PCR test certificate must be filled in on a specific document prepared by MOFA.  You can’t download it.  You have to go to the Embassy and get it.  On their paper. It’s the best if the PCR testing lab fills it in and stamps it. Foreign-issued certificates are not accepted, because they do not specify the exact method that the test has been done. They show COVID-19 Test – NEGATIVE or POSITIVE – and whether the sample was from nose or throat. That’s it.

The European labs I spoke with told me that they send test results within 24 hours, with the certificate either by email, or one must login to the lab portal and download it. I sent them the Japanese template sample and asked if they would fill in the form for me, as this is specific for Japan. They told me NO, because we send all certificates by email. Our certificate has been approved and accepted in many other countries that require all arrivals to bring negative PCR test result (not just foreigners). If I want, I can find another lab.

According to MOFA, the requirements must be specifically followed or one will not be allowed in. Besides, I checked drive-through testing that one can see on the edge of many European cities. I looked from the distance and found that all tests are done from throat swab. But these tests are for people who have Covid symptoms and are referred there by health authorities (free test).  But, again, they won’t test me unless I’m symptomatic.  I’m not.

Japanese PCR test rules from Japan Times (Aug 31, 2020):
====
Only negative results for molecular diagnostic tests conducted via nasopharyngeal swab or saliva samples using the real time reverse transcription polymerase chain reaction method (RT-PCR), loop-mediated isothermal amplification method (LAMP) or an antigen test using the chemiluminescence enzyme immunoassay (CLEIA) method will be recognized as valid. Such tests need to be conducted within 72 hours prior to departure and documents confirming the procedure need to be filled out entirely in English and need to be signed by a doctor from the medical institution where the test was conducted or have the institution’s stamp. The officials suggest using the certification form for COVID-19 tests, which can be found on the justice ministry’s website.
====

I found a lab which was new in my area and they would help me. After retrieving the Confirmation Letter from the Embassy, I scheduled PCR test 2 weeks later. Meanwhile, I took the risk to lose money by purchasing a plane ticket at the same time as the PCR test without the option to cancel it regardless of the situation. My Travel Insurance confirmed that they would not reimburse me either due to positive PCR test. I took the risk of a negative outcome because if I bought it after a negative PCR test, it would probably cost me triple within that 72-hour window. My spouse was incredibly happy that we will go together. I said to her: Darling, hold on, we need test result first. The same day late evening it arrived. NEGATIVE! Baby, we go together as planned.

It was not the end of story yet.

I received foreign certificate pdf which was signed and stamped by a doctor with blue pen. It was not enough though. Not enough for Japanese requirements. I was lucky that the lab was kind enough and told me to come back next day to give me a printed “negative “certificate they issued, my passport and Japanese printed form. They will do for me what I need.  It just cost me well over 100 Euros.

I went there the next day with pre-filled form with my details only to ask for REAL stamp and doctor’s REAL signature. Now I had everything that I needed to re-enter Japan.

My lab was close enough, but imagine if someone live far away or if they didn’t open new lab closer to me, then I would have to drive 1-2h to do the test in another city and then next day to waste the same time to get “REAL” certificate signed. I can tell you that immigration in Japan did not accept foreign issued document. I pulled it up first to see what happens. Well, I had to give them the form required by MOFA. They took away from me both. What if I didn’t have the Japanese version? Would I be sent back?

At the airport in Japan

Here, everyone of course goes through a lot of paperwork, stamps, signs etc. It should be more digitized to allow more arrivals. Anyway, after they take your foreign PCR test, Japanese Immigration then tests you again via PCR from saliva. One needs to spit 1mm into given small container. (it’s not always as easy as it seems). Then, next step is to go through another round of paperwork and then to a special room where you have an assigned chair with your number received earlier. The PCR result comes within about 30 minutes to 1 hour. Once the result arrives, there is another small round paperwork, with all the documents such as PCR Certificates from abroad, PCR result from airport, 2 documents that everyone had to fill in in the plane plus passport being presented to the Immigration.

Japanese Citizens are free to go after showing a passport and taking a PCR test administered by Japanese Immigration, while foreign residents are stopped for a little bit longer than usual.  I spent about 10 minutes longer because of checking all document, having my photo and fingerprints taken.  Then one must go to another booth where another officer re-confirms again if all these docs are in order, then stamps it, signs it and at the end you are free to enter.

I don’t mind doing this procedure as long as everyone is treated equal regardless of their nationality.  Including Japanese. However, most of the European countries do the Covid test upon arrival. In Germany, for example, if you show negative test from your country you let through without additional tests at the border. (I’m not sure if this is the same for all countries). I do wish that Japan would change their stance towards residents such as at least Spouses of Japanese (first of all when traveling together to/from the same place) and PRs.

The biggest obstacles for some of you might be to return to the lab again to have the Japanese form filled in. Good Luck!

In the end, let me summarize what I went through:

Step 1:
Japanese Embassy – Apply for Confirmation Letter. 1h drive one way (probably not required anymore since Suga became PM).

3 Days later
Japanese Embassy – Pick up confirmation letter. 1h drive one way

Step 2:
PCR test (lucky they opened just recently a lab close to me)

Step 3:
Next day go back to the lab to stamp and sign the Japanese document by a doctor. This is only when test comes back negative.

Step 4 (when all above is done):
Airlines require to fill in (or rather tick boxes) on their own document. This must be done prior to boarding.

Step 5:
Japan now requires another form to be filled in once inside the plane to “catch” early those at high risk who may be infected and may need hospitalization. (This is not a failsafe; anyone can lie on any forms, including these given by airlines.)

Step 6:
Another PCR in Japan at the airport upon arrival. (Other countries, such as Germany, respect certificates issued elsewhere when showed at the border, and next PCR is not necessary then.)

Anyway, I hope this is quite clear what`s happening. I do hope you still fight for changing things. I don’t mind PCR testing in principle, but then test everyone the same, including Japanese, or at least accept foreign certificate sent by email as other countries do.

Sincerely, W

======================
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Oct 1, 2020’s new govt regulations for NJ Resident Re-Entry: Not much of a change. Racialized barriers still up; instead, “business travelers” and “foreign tourists” may soon be prioritized

mytest

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Hi Blog.  October 1, 2020 was announced to be a new day for Japan’s racist border controls.  From last April until then, all foreigner border crossers were legally treated as if they were a special source of contagion, affected differently by COVID than somehow-immune Japanese, and banned from entry.  Further, unlike any other advanced industrialized country, the Japanese Government banned re-entry even to all Non-Japanese Residents with valid visas.  Naturally, as covered before on Debito.org (see herehere, here, here, and here), this racist policy has separated families and destroyed NJ lives and livelihoods.

People have protested this, and media has questioned the actual science behind this differential treatment.  So on October 1, the government “changed” its policy to allow in “mid- to long-term visa” holders.  But as protest petitioner Sven Kramer points out:

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

https://www.change.org/p/stop-the-entry-ban-on-legal-foreign-residents-of-japan/u/27821948

On the reopening of the border for all non-Japanese nationals holding mid- and long-term visas

クラーマー スベン

Japan

OCT 2, 2020 — 

On October 1, 2020, the government of Japan reopened the border for all holders of mid- and long-term visas. Getting a negative PCR test result 72 hours before departing for Japan is a necessary requirement. I strongly welcome this reopening. As I have implied in the other status update one month ago, I personally can accept this overseas test requirement for foreign nationals who want to newly enter Japan. But it should be limited to new entries only. However, the government still is bestowing this requirement on all foreign residents, not distinguishing between new entry and re-entry (only special permanent residents and diplomats are exempt). It is my sincere belief that, at least when it comes to epidemiological issues, the procedure for re-entry should not be different per nationality. This is why I unfortunately have to announce that despite this very welcomed reopening of the border, this petition will stay up until every re-entrant gets treated equally at the quarantine booth.

The new official material by the government of Japan: http://www.moj.go.jp/content/001329914.pdf

 

中長期在留資格を獲得した外国人の新規入国の再開に当たって

令和2年10月1日から日本国政府は、中長期在留資格を新しく獲得した外国人の新規入国を認めるようになりました。日本へ出発する前72時間以内の陰性のPCR検査結果を手に入れるのが条件です。この緩和を強く歓迎します。1か月前の進捗報告で示唆した通り、新規に入国しようとする外国人にこの条件をかけるのを少なくとも私が容認できます。ただあくまで新規に入国する外国人の場合だけです。しかし、この条件はもう日本に住んでいて一時的に出国した外国人にも相変わらずかかっています。言い換えれば、外国人(「特別永住者」、「外交」および「公用」の在留資格保持者を除く)に限って再入国と新規入国を同じに取り扱うわけです。しかし、私の深い信念では、防疫問題において国籍を根拠に再入国の手続きを違うものにすべきではありません。このため、残念ながら本陳情書をまだ閉じることができません。引き続きご賛同をよろしくお願い申し上げます。

法務省よりの資料: http://www.moj.go.jp/content/001327502.pdf

Review and sign the petition at https://www.change.org/p/stop-the-entry-ban-on-legal-foreign-residents-of-japan/u/27821948

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

Ironically, there’s also the issue of the Japanese Government now considering prioritizing “business travelers” and “foreign tourists” for special entry exemptions.  However, as usual, it seems our actual taxpaying NJ Residents (including “Green-Card”-holding regular Permanent Residents) with families and lives in Japan don’t matter as much.

On top of that, there’s an issue with how these PCR tests for clean bills of health have been enforced, from eyewitnesses at the border writing in to Debito.org.  I will get into this in my next blog entry. Debito Arudou, Ph.D.

======================
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Updated petition against Japan Foreign Resident Re-Entry Ban: Still discriminatory: Requires extra hurdles for all NJ only, including extra GOJ permissions and overseas Covid tests

mytest

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Hi Blog. Debito.org Reader Sven Kramer sends this update to a petition he launched against the Japanese Government’s Re-Entry Ban on visa-carrying NJ Residents, who were barred (unlike Japanese citizens) on an unscientific supposition that foreigners are more likely to carry Covid.  And this racist policy caused great hardship to many.

As of September 1, 2020, thanks in part to some impressive international and domestic protests, the Japanese Government as amended this ban. Now it’s no longer a blanket ban. Instead, there are extra hoops, including an exit permission and an unreasonable expectation of test results abroad (when domestic tests can reveal the same symptoms) that are only applied to foreigners, same as before.

Moreover, Japanese citizens are still treated as less likely to have disease, in spite of all the science that shows that Covid does not recognize differences in nationality. Consider this new report from the Japan Times, excerpting (courtesy of W):

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

[…] Even so, entry procedures will differ for those abroad who are seeking re-entry and residents in Japan who are planning to leave… [sparking concerns that even legal residents may face deportation due to unclear and strict requirements that differ from those applied to residents with Japanese passports].

Non-Japanese who left Japan by the end of August will need to contact the nearest Japanese Embassy or diplomatic office to acquire a letter confirming they have valid visas and are allowed to return. Those who left as early as April 3 or after travel restrictions were imposed on their destinations, and were denied the right to return as their circumstances did not qualify for exceptional treatment, will also be able to obtain such certificates.

People who are planning to leave Japan after Sept.1 are required to give the Immigration Services Agency detailed plans on their itinerary and will be allowed to travel as soon as they receive a document confirming the request has been accepted. They will not need to apply for additional documents from an embassy or consular office.

The ISA has warned, however, that they may suspend document issuance for applicants seeking re-entry if testing capacity at airports is insufficient to handle all foreign travelers. Japan was planning to boost its testing capacity to 10,000 per day at the major international airports ー Haneda, Narita and Kansai.

The ISA is set to disclose an email address where requests for re-entry can be sent on its website at noon on Tuesday. Travelers will need to input their residence card number, nationality, and other details as stated on their passport, as well as details of the trip, including destination, planned departure and re-entry dates and information on which airports the traveler will use.

Residents planning to leave between Tuesday and Sunday are requested to share the date of their return during the departure procedure at the airport.

However, starting from September, all non-Japanese, including permanent residents, will be required to undergo specific tests for COVID-19 in accordance with Japan’s guidelines prior to their leaving for Japan. The government has warned that not complying may result in denied entry.

The Immigration Services Agency has claimed the strict conditions are aimed at limiting the spread of the virus in Japan. In contrast, however, Japanese nationals coming from abroad are not required to undergo pre-entry tests for COVID-19…

Full article at:https://www.japantimes.co.jp/?post_type=news&p=2739610
===============================

Sven’s amended petition is below, forwarding with permission. Feel free to sign it. Debito Arudou, Ph.D.

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

https://www.change.org/p/stop-the-entry-ban-on-legal-foreign-residents-of-japan/u/27637556

About the lifting of the reentry ban against legal non-Japanese residents of Japan since September 1

クラーマー スベン

Japan

SEP 1, 2020 — 

About the lifting of the reentry ban against legal non-Japanese residents of Japan since September 1, 2020, and the future of this petition

Since September 1, 2020, all legal non-Japanese residents of Japan can leave and reenter the country. This is a very important and uplifting development. With this most recent easing of restrictions, almost all points of this petition were met.

However, one vital point of this petition (equal treatment of all legal residents at the border regardless of nationality) is still not fulfilled. Only non-Japanese residents have to apply for a Receipt for Request of Re-entry at the Immigration Services Agency before departing from Japan. No explanation in given why this is necessary and why a valid residence card and the normal reentry permit is not enough. Furthermore, only non-Japanese residents (except for diplomats and special permanent residents) have to take a PCR test abroad within 72 hours before the departure for Japan. However, this requirement can nobody meet who stays in a country which does not test people without symptoms or does not deliver the results on time. And anyway, the PCR test at the Japanese port of entry should suffice. Residents of Japan have Japanese health insurance. This is why they are entitled to treatment in Japan if the PCR test at the Japanese airport should turn out to be positive.

Requesting negative PCR tests before going to Japan should be limited to non-Japanese who want to newly enter Japan. This requirement should not be bestowed upon legal residents, who have their livelihoods already in Japan. Therefore, this petition is going to continue until the requirement of PCR tests abroad is abolished for all legal residents of Japan regardless of nationality.

The official documents in question by the Ministry of Justice of Japan:
“Regarding denial of landing to prevent the spread of COVID-19”: http://www.moj.go.jp/content/001327574.pdf
“Additional Epidemic Prevention and Control Measures for the Entry of Re-entry of Foreign Nationals”: http://www.moj.go.jp/content/001327575.pdf

Japanese Version:

令和2年9月1日開始の再入国拒否政策の緩和と今後の対応について

日本の中長期在留資格を有する外国人(外国籍の住民)は令和2年9月1日から水際対策が大幅緩和され、海外旅行の後で再入国できるようになりました。これは嬉しいこととして評価します。これで本陳情書の請願がほとんど叶いました。

しかし、本陳情書の重要な請願の一つ(外国籍住民と日本国籍保持者ならびに特別永住者との同等な待遇)にまだ適合していません。具体的には、外国籍住民だけ海外へ出国前に出入国在留管理庁に届け出なければなりません。なぜ有効な在留カードと通常の再入国許可だけで足りないのか、どこにも説明されていません。そして、8月5日からのルールと同じように、日本に帰る前に渡航先で出発前72時間以内に陰性のPCR検査の証明書を手に入れなければなりません(「外交」、「公務」、「特別永住者」という在留資格・身分を除く)。ただ、これは渡航先によってクリアできない条件です。症状がないと検査が受けられない国または検査結果が72時間以内に出ない国からの出発だったら、クリアできません。しかし、日本の空港でのPCR検査だけで十分のはずです。なぜかというと、住民は日本の健康保険に加入しており、仮に再入国時のPCR検査を陽性であっても、日本の健康保険を使った上日本の医療機関で治療を受ける権利があるはずです。

海外で出発前のPCR検査は新規に入国しようとする外国人に対して求めるべきだと考えております。すでに生活基盤を日本に築いたものに対する待遇であるべきではありません。よって、国籍を問わず日本の全住民に対して海外でのPCR検査を受ける義務が撤廃されるまで本陳情活動を続けます。

法務省HPからの史料:
新型コロナウイルス感染症の拡大防止に係る上陸拒否について(令和2年8月28日現在): http://www.moj.go.jp/content/001327502.pdf
外国人の入国・再入国に係る追加的な防疫措置について(令和2年8月28日現在): http://www.moj.go.jp/content/001327504.pdf

======================
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Debito’s SNA Visible Minorities 13: “Japan’s Cult of Miserable Happy”, Aug 24, 2020, questioning whether “omotenashi” Japan is actually all that hospitable to anyone, what with such a strong “culture of no”

mytest

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Hi Blog. Here’s my latest column. Enjoy the rest of your summer in the Northern Hemisphere. Debito Arudou, Ph.D.

/////////////////////////////////////
Visible Minorities: Japan’s Cult of Miserable Happy
Shingetsu News Agency, Column 13, AUG 24, 2020
By DEBITO ARUDOU
http://shingetsunewsagency.com/2020/08/24/visible-minorities-japans-cult-of-miserable-happy/

…These are sobering times for Japan fans. Thanks to the pandemic, even the most starry-eyed and enfranchised foreigners are having their bubbles burst, realizing that their status in Japan, no matter how hard-earned, matters not one whit to Japan’s policymakers.

As covered elsewhere, current immigration policy dictates that Japanese citizens can leave and re-enter the country at will, as long as they subject themselves to testing and quarantine upon return. But that doesn’t apply to Japan’s resident non-citizens.

Despite widespread protest (and some token revisions), they still generally get barred from re-entry, meaning thousands of foreign workers, spouses, and students are either stranded overseas, watching helplessly as their Japan livelihoods and investments dry up, or stranded in Japan unable to attend to family business or personal tragedy, at a time when thousands of people worldwide die of Covid daily.

Targeting all foreigners only as vessels of virus makes it clearer than ever that Japan’s requirements for membership are racist. It strips yet another layer of credibility from the “Cool Japan” trope, such as the overhyped “culture of hospitality” (omotenashi) during Japan’s buildup to the 2020 Tokyo Olympics.

Since this is an opportune time to remove layers of lies from Japan’s narrative, let’s address another one: That Japan is an unusually hospitable place…

Read the rest at http://shingetsunewsagency.com/2020/08/24/visible-minorities-japans-cult-of-miserable-happy/

======================
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SIM on the text of the Ministry of Justice’s “Foreigner Re-Entry Ban”, on paper. Debito.org Readers are invited to offer their experiences in practice.

mytest

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Hi Blog. Let me reproduce here some a comment that Debito.org Reader SIM made elsewhere:

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

SIM: I haven’t posted here in quite some time, but with the abhorrent situation as it is I must say something. The reprehensible circumstances for Chris above are something that nobody should face at any time in their life. The manner in which the government has taken this policy of banishing any legal resident with a foreign passport from returning to their livelihood, their family and any assets that they hold if they set one foot outside Japan because of a virus that cannot see the color of said passport is underhand to say the least.

Adding insult to injury is the law on which the MoJ is basing this discriminatory treatment. From a document called “Regarding refusal of landing to prevent the spread of COVID-19 (novel Coronavirus)” on the MoJ website, I have found that the legislation relied upon is Article 5 of Immigration Control and Refugee Recognition Act which reads as follows:

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

“Article 5 (1) A foreign national who falls under any of the following items is denied permission to land in Japan:
“Paragraphs (i) to (xiii) (abbrev.)
“(xiv) Beyond those persons listed in items (i) through (xiii), a person whom the Minister of Justice has reasonable grounds to believe is likely to commit an act which could be detrimental to the interests or public security of Japan.
“(2) (abbrev.)”

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

Basically, this shows that the government of Japan believes that, with the outbreak of COVID-19, notwithstanding the fact that we may be legal residents and taxpayers, anybody with a foreign passport is a ‘danger’ to the nation and should be banished if they dare to venture outside of its borders.

This is literally the Government of Japan sticking their middle finger at us who have contributed so much to the nation. With one 3 page notice, the MoJ has arbitrarily revoked both our legal status here and the basic human rights to free movement and to domicile, not to mention the human rights of our spouses and children.

Frankly, with the government’s complete lack of abilities and policies for the current pandemic, and now this, the latest instance of their complete disregard for legal residents, I’ve had enough. After 36 years here, with nearly 30 years as a law abiding taxpayer, I’ve decided to get out while I still can. I am in the process of tying up all loose ends and returning to my country of birth, which I might add has not had any community trasmission of COVID-19 for over two and a half months.  Regards, SIM.

(The MOJ documentation of border re-entry rules for non-citizens, as of July 1, 2020, is at the bottom of this blog post.)

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

COMMENT:  Debito.org invites Readers to comment on their experiences with the Ministry of Justice at the border.  Whether it’s a) you left and re-entered without incident, b) you inquired about leaving in advance and received information that inspired or dispelled confidence in the process, c) you received an unexpected surprise at the border despite all the information you had, or d) you wound up in exile, etc., please let us know. Please use a pseudonym.  Debito Arudou, Ph.D.

What follows are some excerpts of some of what I’ve heard so far.  Click on the names to read the full comment.

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

Chris:  “I had to go to a separate counter and forced to sign documentation barring me from re-entry which I reluctantly signed because had I not signed, immigration officials probably wouldn’t have let me proceed or questioned me. Had I known that I was essentially forced to sign documentation barring me from re-entry, I would’ve considered not leaving. Now, I can no longer see my wife and children.”

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

Japan Times courtesy Rochelle Kopp:

“Japan was been unique among the G7 nations in treating its foreign residents differently from its citizens, who are allowed to enter the country as long as they submit to a PCR test at their port of entry and agree to isolate themselves for two weeks afterward… The government permits exceptions to the re-entry ban on humanitarian grounds, such as when someone needs to visit a critically ill relative or attend a funeral. Decisions are made on a case-by-case basis, however, which doesn’t allow for certainty or reliability… A recent survey conducted by the German Chamber of Commerce and Industry in Japan of its members showed that 78 percent of them regard the entry ban as a significant burden to their businesses. In addition, 79 percent of the affected companies say their turnover is endangered because ongoing projects cannot be completed and new projects cannot be initiated.”

Amelie Le Boeuf: “I resent having all the obligations of a Japanese citizen when it comes to paying tax etc., but not the same protection. Seeing how my fellow foreign residents are being treated makes me feel like we’ll always just be ‘pawns,’ second-class residents, that can be discarded whenever Japan enters into a crisis period.”

Joe Van Alstyne:  “Many of us are committed to living here and do everything we can to positively contribute to Japanese society. But this situation feels like we’re being treated no differently than basic tourists, despite the work we’ve put in to live here.”

Law Professor Colin P.A. Jones: “The courts have always been clear that non-Japanese people have no constitutionally protected ‘right of sojourn’ to leave the country temporarily and freely return. What we are now seeing is just a manifestation of a basic legal question that has always been there for non-Japanese residents: How safe is it to invest in Japan — time, energy, capital — if you suddenly may be unable to enter (or re-enter) the country?”

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

Chottomat: “I’m going to leave Japan on 7th August for the UK for ‘medical reasons’ with my spouse visa. I phoned the immigration and they said it was a case of “on the day you return, you state your reason for leaving to the immigration clerk, and they decide on the spot whether to let you back in or not. Supporting documentation would help, he said. Still doesn’t get around the blatant racism, though.”

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

Realitycheck:  “A Japanese person I know had the audacity to shrug off members of his international company being refused entry to Japan. He said it wasn’t discrimination but I put him right about that. I also told him he had benefited greatly from the non Japanese system in his company and had he been a foreigner in a Japanese company, he would never have reached his current position of privilege. He probably won’t speak to me again but that’s fine. This and other attitudes from a Japanese who has lived abroad and been given equal treatment in non-Japanese societies and companies, are pretty normal.”

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

Ben:  “Australia ensured that its permanent residents could return, particular if they had immediate family in Australia. Why should Japan bar me from returning? It’s simply unfair!”

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

NiklasDid anyone see the press conference with the Minister of Foreign Affairs? Basically this guy doesn‘t care at all that all foreign residents are barred from entering the country. Japan isn‘t even hiding it anymore, they just don‘t give a damn about foreign residents.
https://www.youtube.com/watch?v=Qx-0he_oj20

Because of that Germany decided to ban Japanese travelers as long as German residents are not allowed in to Japan.
https://japan.diplo.de/ja-ja/service/-/2321032

Note how this only applies to travelers, since banning legal non German residents would be illegal according to German law of course.

出入国制限

ドイツへの渡航

疫学的状況が一部改善したことを受け、EU理事会は2020年6月30日にEU委員会による入国制限緩和に関する草案に基づく勧告を採択しました。この勧告に従って、加盟国では段階的に制限が緩和されていきます。理事会勧告では、制限緩和にあたって相互性も考慮されるべきであるとしています。

日本の長期滞在資格を持ったドイツ人が日本からドイツに渡航する場合、管理された枠組みの中で日本に再入国できる見通しが持てるようになることが、ドイツ連邦共和国にとって特に重要な懸案となっています。また、それ以外のドイツ人に関しても、特段の理由がある場合は管理された枠組みの中で日本への入国が認められるべきです。そのため、ドイツから日本への渡航者への入国制限緩和が合意に至るまで、当面、日本からドイツへの渡航者の入国制限は継続されます。

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

Jaocnanoni: “There are no regular direct connections between Japan and a country not on the ban list, and just changing planes at an airport in a country on the list makes you eligible for the ban. Under this circumstances it’s boiling down to a de facto blanket ban, and the few exceptions in place aren’t applicable for the vast majority of NJ residents.”

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

Sven Kramer: “– The number of foreign long-term residents, permanent residents and foreigners who live as relatives of Japanese citizens, is more than 2 million people.
– They are equal to Japanese citizens in regard of being part of Japanese society, and contributing daily to Japan as employees, teachers, business owners, or tax payers, to name a few of their contributions.
– Because of this, if they have to travel abroad for a very good or unavoidable reason, they must not be subject to the generic entry ban like short-term visitors and should be granted reentry into Japan under the same conditions that apply to Japanese citizens and special permanent residents immediately.
– One part of Japanese society must not be treated like random visitors even under the intention to prevent the international spread of COVID-19.
– Especially the reentry ban on foreign relatives of Japanese citizens is a huge problem, which is not only a human rights violation, but probably a violation of Japan’s constitution, too.”

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

John:  Latest iteration, courtesy of the Ministry of Foreign Affairs, as of July 22, 2020:

https://www.mofa.go.jp/ca/fna/page4e_001053.html

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

The MOJ documentation as of July 1, 2020, courtesy of SIM (click on image to expand):

(Originals on MOJ site here)

ENDS

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

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Visible Minorities Column 12: A Despotic Bridge Too Far
By Debito Arudou, Shingetsu News Agency, July 20, 2020

http://shingetsunewsagency.com/2020/07/20/visible-minorities-a-despotic-bridge-too-far/

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

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

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

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

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

Consider how Japan’s law enforcement system still willfully targets “foreigners” for special treatment and racial profiling, encouraged by a system of registration and random street identity checks that apply to Non-Japanese residents only.

With prosecutorial presumptions of guilt and lack of human rights for foreigners, more have been incarcerated as a percentage of the population than Japanese. That is what you get when a criminal justice system has a separate track for detention, incarceration, interrogation, and jurisprudence against foreigners, one so rigged that even a foreigner as powerful as former Nissan Chairman Carlos Ghosn, despite a weak case against him, couldn’t buy, bully, or lawyer his way out of.

Then we get to Japan’s mass media, which still more often portrays “foreigners” at best as quirky outsiders and guests, at worst as terrorists, criminals, and vectors of disease. That’s before we get to the random expressions of racism and “othering” that are rife and largely unproblematized in Japan. Rarely does mainstream media salute Non-Japanese residents for their contributions to Japanese society, even as taxpayers.

Yet Japan still wants people to come work on temporary revolving-door visas, including so-called “trainees” hired without any labor rights. But when Non-Japanese residents stick it out and devote their lives to Japan, they get little encouragement to stay on permanently, naturalize, or otherwise become “Japanese.” The general expectation remains that foreigners are in Japan for a period of time to profiteer before they “go home.”

This happens despite foreigners being consigned to jobs on the margins of society, such as menial workers, entertainers, non-executive bureaucrats, healthcare workers, small-time businesspeople, and non-tenured educators. Where are the Non-Japanese licensed professionals in more influential fields like doctors or lawyers?

A handful of foreigners get promoted with great fanfare, but they remain statistical asterisks, not mainstream influencers. Positions of real power are reserved for Real Japanese, and foreigners are second-class subordinates. If not, suddenly it’s Nippon ja nai mitai (Japan is not the Japan we know). Quite.

So back to the opening question: Even with all this, how bad does it have to get before the mainstream begins to cry discrimination? The answer: Covid-19 bad.

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

Granted, the US government recently tried something similar when, on July 6, Immigration and Customs Enforcement unilaterally decided that all foreign students taking online classes only would have their student visas cancelled.

That lasted about a week. Prominent universities (such as Harvard and MIT), organizations of higher education, corporations, and individual state governments cried foul or filed lawsuits to moot this move. It worked. Even for a Trump administration this bigoted, the policy was dropped on July 14.

So who similarly advocates on behalf of foreigners in Japan, besides the usual activist groups and human rights agencies who get routinely ignored? It’s hard to imagine a Japanese university filing a lawsuit against the government.

This time, however, Japan’s mainstream media did speak up. For example, the Asahi Shinbun on June 8 ran an editorial calling the current policy “unreasonable” and “discriminatory.”

The Japan Association of National Universities, representing Japan’s flagship educational institutions like Tokyo University, also stepped in. It recently petitioned the Ministry of Education to promptly allow both old and new students and researchers to enter their universities after proper quarantines, and to resume issuing visas.

And in a blistering critique, the American Chamber of Commerce in Japan issued public statements for Japan to repeal the policy. This is quite a step, since the ACCJ in my experience cares more about unperturbed access to Japanese markets than messy issues of human rights. The ACCJ’s words are worth quoting at length:

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… 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.

So what was the tipping point? Perhaps it was when the Japanese government broke its own rules by unilaterally revoking the status of its lawful permanent residents; when it showed the world that it cares naught for the people it even grants permanent status to. Even with all the institutionalized discrimination for generations, a move this despotic shows just how much of an outlier Japan is among developed nations.

This might even be a bellwether. In recent years, we’ve seen a move towards authoritarianism in the world’s developed liberal democracies. As I have argued elsewhere, this systemic intolerance has its roots in Japan, which to overseas xenophobes represents a model ethnostate. Ethnic cleansers have in fact been copying many of Japan’s strategies and policies.

But even when an outlier like Japan, with a society so deferential to power and profoundly oblivious towards the treatment of its minorities, is seen to have gone too far, perhaps authoritarianism has finally crested.

We might be seeing the pendulum swinging back towards liberalism at last. It’s just a shame it had to go this far before it did.

======================
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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”.

mytest

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

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:

 

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)”

 

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

======================
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Debito interviewed by Shingetsu News Agency’s “Speakeasy” forum: “Japan’s Foreign Residents in the Coronavirus”, Apr 27, 2020

mytest

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

Hi Blog.  In lieu of a longer blog entry, here’s an interview I had with the Shingetsu News Agency, in one of their “Speakeasys” (25 minutes):

I’m making the case that the GOJ could be doing a much worse job taking care of their NJ Residents, but that’s because people have been vigilant about potential human rights abuses. It could very easily revert to racist and exclusionary habits if systems get overloaded or panic hits. Also, I argue that it’s also incumbent upon NJ Residents themselves to step out of their “Guestism” mentalities and claim their due as taxpayers and residents.

(If you haven’t become a supporter of this important (and solitary) venue for independent journalism in Japan, please do. $2 a month gets you access to all articles, including my “Visible Minorities” columns. It’s a worthy venture.)  Debito Arudou, Ph.D.

======================
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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!

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

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.

======================
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DF on Chugoku bank unlawfully demanding to check NJ customers’ visa stay durations and photocopy their Gaijin Cards, or face discontinuation of service

mytest

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Hi Blog.  From time to time Debito.org gets sent information from NJ residents being harassed by Japanese officialdom and businesses for the most basic things.  Such as checking into a hotel or using a bank.  Or being treated as objects of mistrust in official “Blame Games”.  Or being demanded unnecessary steps just to live their daily lives or conduct regular business. It encourages racial profiling even further, in addition to what you already have at Japan’s hotels and other public accommodation, police instant ID checkpoints, and tax agencies.  (See here too).

Such as the following case below, where Chugoku Bank is demanding a Visa Check in order to maintain (not open; maintain) a bank account.  (In their words, “we have elected to confirm the period of stay for customers whose period of stay and other details have not been confirmed”  Meaning their nosying into somebody’s visa status is not even under the pretense of some legal requirement.)  And of course, in this era of identity theft that even foreign governments warn you against, Chugoku Bank wants to make a photocopy of the person’s ID, it turns out, for no reason whatsoever but reflex.

As “immigrants are not to be trusted” mindsets proliferate around democracies worldwide, remember where many of them take their cues from:  Japan.  PM Abe, remember, is “Trump before Trump“, and even Abe had his antecedents.  Another milepost on the march towards normalized ethnostatism worldwide.  Debito Arudou, Ph.D.

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

From: DF
Subject: Being made to show my gaijin card to my bank
Date: December 12, 2019
To: “debito@debito.org”

Hi Debito,

I recently got the attached postcard from my bank. It says that I have to go in and verify that I am in the country legally to keep using my bank account.

(click on image to expand in your browser)

I went in today and they wanted to make a photocopy of my card. Is this legal? They claimed that they are doing so at the request of the government, which I’m sure is true, and that they need a copy for “filing”, which I am not sure is true.

I told them that the card can usually only be requested by a police officer or an immigration agent. I finally relented only after they explained that they also photocopy other customer’s driver’s licenses. I offered my driver’s license, but they declined. I noticed that other than my visa status (PR), there is really no info on there that they don’t already have.

Who is in the right here, legally?

You may use my story on your site, there must be other people getting this kind of notice from their banks. Initials DF is fine.

Do you know of the specific law that states who may or may not request or copy a zairyuu card? I tried to look, but didn’t find it.

I want to email Chugoku Bank’s head office and try to get them to change their policy at all of the banks, not just my branch. I also want my photocopy returned to me.

I don’t begrudge the workers at the branch, the teller tried to make a copy, I stopped her and she said that the postcard mentioned a copy. We looked at it together and it doesn’t say anything about a copy. She immediately bailed out to a higher authority and I saw that man make a phone call. He then called me over to a private side booth to talk to me. Everybody was professional and polite, but they were just given the wrong information.

If I can quote the law to them and get a reply, I can give a follow-up for your blog.

Thank you for your assistance, DF

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

From Debito:  Hi DF. You are still in the right, legally.  The thing is, the laws I have (the Gaitouhou) pertain to the old Gaijin Card, which is very clear who can inspect the Gaijin Card.  Only police, Immigration Officials, and MOJ representatives.

“The Foreign Registry Law, Section 13, Clause 2. Foreigners, when asked to show their Gaijin Cards by immigration investigation officials (as outlined in separate laws), police, coast guard, or any other national or local public official or group empowered by the Ministry of Justice as part of the execution of their duties, must show.” https://www.debito.org/instantcheckpoints2.html

Now that the Gaitouhou is no more, I’m not sure what the new laws are.  I can’t seem to find them either.  I’ve asked around, but gotten no response.  I’m not a lawyer, so it’s time for the legal experts to weigh in, as they have done (in our favor) in terms of ID checks of NJ residents of Japan at hotels.

Sincerely, Debito

======================
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My Japan Times JBC 118: “Remain calm when stopped by the police”, on what to do if stopped by Japanese police for an Instant ID Checkpoint, Jan 20, 2020

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Hi Blog.  I’ve written about this many times before, but the JT commissioned me to write up this quick sidebar to a separate article about Japan police racial profiling on a NJ student of color (who has been cited on Debito.org before).

I’ve come to the conclusion that there is no failsafe method that will work in all situations, given the enormous power of policing agencies in Japan.  However, submitting to unlawful and racialized enforcement of the law is not something Debito.org can abide.  So here goes.  Debito Arudou, Ph.D.

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ISSUES | JUST BE CAUSE
Remain calm when stopped by the police in Japan
BY DEBITO ARUDOU, CONTRIBUTING WRITER, JAN 20, 2020
Courtesy https://www.japantimes.co.jp/community/2020/01/20/issues/remain-calm-when-stopped-police-japan/
justbecauseicon.jpg

Visible minorities in Japan are in a tough spot in a country where the police have a lot of arbitrary power and few enforceable checks (as we’ve been witnessing recently with the Carlos Ghosn case). As a result, we are facing two decades of police-promoted narratives of “the foreigner” as a visa overstayer and criminal.

What follows is my advice on what to do if you face a sudden ID check on the street — that is, assuming you don’t want to simply surrender your zairyū kādo (residence card) and eventually get on with your day. This is just a brief outline, you can find more details online at debito.org/whattodoif.html.

  1. Ask why you are being stopped: Ask if this is a “shokumu shitsumon” (police questioning of personal details). If yes, the law requires probable cause that a crime has been or is about to be committed, and the display of POLICE ID upon your request. If it is not, ask if you may leave.
  2. Ask to see their ID: “Sumimasen. Keisatsu techō o misete kudasai” will do. Write it down and/or take a picture of it. This will no doubt agitate, but without this record there is no personal accountability.
  3. Use your phone (or ask a friend) to start recording: You do not need consent and, even if done surreptitiously, a recording is admissible in court. They will tell you to put the phone away, but at least leave the audio on. No recording may result in a “he-said, she-said” outcome and nobody is likely to believe your side. It may also preemptively temper the cops’ behavior somewhat, but there’s no guarantee it won’t go the other way.
  4. Ask if compliance is optional (nin’i desu ka): If they ask to go through your backpack, pockets and wallet, you have the option to refuse the search without a warrant (reijō). Try: “Reijō ga nakereba, kekkō desu.” (“Without a warrant, no thank you.”)
  5. Above all, remain calm and polite, and never raise your voice: That can be difficult when surrounded by a phalanx of suspicious cops. But, as in other societies, the threshold of “resisting arrest” in Japan is arbitrary, and a judge will take the police officer’s word over yours in custody.

Arm yourself with the requisite vocabulary. Demonstrating some fluency with your statutory rights will also act as a natural check on abuses. Cops around the world take advantage of the ignorance of their targets, so if you come off as informed and confident, things might go smoother.

There’s no surefire means of getting out of an ID check (except perhaps getting your own personal chief of police to vouch for you except perhaps getting your own personal chief of police to vouch for you), but doing a few of these things might help you feel less powerless afterward. Good luck.

ENDS

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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

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Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
Guidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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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.

justbecauseicon.jpg

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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