My Japan Times JUST BE CAUSE Column 72: “Don’t let ANA off the hook for that offensive ad”, Jan 25, 2014, “Director’s Cut”

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Hi Blog. Only a few days into the case of racialized advertisement from ANA, I got tapped by the Japan Times to cover it. Debito.org Readers and Facebook Friends certainly gave me plenty of food for thought, so thank you all very much. Here’s my more polished opinion on it, which stayed the number one article on the JT Online for two full days! What follows is the “Director’s Cut” with excised paragraphs and links to sources. Thanks as always for reading and commenting to Debito.org. Arudou Debito

JUST BE CAUSE
justbecauseicon.jpg

ISSUES | JUST BE CAUSE
Don’t let ANA off the hook for that offensive ad
BY  ARUDOU Debito
The Japan Times, JAN 24, 2014, Column 72 for The Community Pages
http://www.japantimes.co.jp/community/2014/01/24/issues/dont-let-ana-off-the-hook-for-that-offensive-ad/

Making headlines recently has been a commercial by ANA, one of Japan’s flagship airlines.  Released last Saturday, its 30-second spot shows two Asian men (one a comedian named Bakarizumu, but let’s call them A and B) standing at an airport window speaking English with Japanese subtitles.

(See the ad at debito.org/ANAHanedaAd2014.mp4.)

Looking out at the jets, A says, “Haneda Airport has more international flights nowadays.”  B replies, “Finally.”  Then their exchange goes, “Next stop, Vancouver.”  “Next stop, Hanoi.”  “Exciting, isn’t it?”  Then B says, rather oddly, “You want a hug?”  When A only gives him a nonplussed look, B continues, “Such a Japanese reaction.”  When A explains, “But I am Japanese,” B counters, “I see.  Let’s change the image of Japanese people.” And A, smiling broadly, agrees to it.

Alright so far.  Except that, as you can see in the picture below, A is now wearing a strapped-on long nose and a big blond wig.  Off they fly to their destinations.
ANAHanedabignose

This has occasioned considerable debate and media coverage.  Many commenters in the English-language online forums have called this advertisement “racist” (one even said “Debito bait”; I’m chuffed), and have made motions to take their business elsewhere.  Others have said the advertisement isn’t racist, just lame.  A few managed to find a deep pocket of latent irony, saying it’s actually poking fun at the Japanese people and their insular attitudes.  Meanwhile, within Japanese-language forums, according to a Yahoo Japan poll, 82% of respondents see no problem with it.

ANAYahooJapansurvey2014
http://polls.dailynews.yahoo.co.jp/other/10721/result
http://headlines.yahoo.co.jp/hl?a=20140120-00000038-jij_afp-bus_all)

(NB:  Note look how the question is worded. It introduces the issue by saying that a comedian (Bakarizumu) performed the act (read: it’s a joke!), and says that the complaints came “from foreigners” (read: not from Japanese) of “racial discrimination” (read: misleading representation of the issue). So we’ve set up the question as “we joking Japanese” vs “those kvetching foreigners” “taking a madcap jape” too seriously, and bingo, you get a vast majority of people wondering what the problem is.)

It probably comes as no surprise to you that JBC objects to this ad.  If ANA had really wanted to “change the image of Japan,” it should have avoided racializing their product.  Instead, it’s just business as usual.

Consider some other racist marketing strategies from not so long ago (visuals and reports archived at debito.org/?p=12077):

Last year, Toshiba marketed a bread maker with an obnoxiously overexuberant Japanese girl speaking katakana Japanese, wearing a blond wig and a big nose.  (Ad archived at debito.org/Toshibasuipanda.mp4.)

toshiba2013suipanda1

In 2010, Nagasaki Prefecture promoted its “foreign” buildings by showing Japanese tourists wearing—you guessed it—blond wigs and big noses.  (Ad archived at debito.org/?p=7523.)
nagasakitabinetto2

In 2005, Mandom sold men’s cosmetics with a Rasta-man motif, juxtaposing black people with a chimpanzee.  (Ad archived at debito.org/mandomproject.html.)
MandomAd2

Dare I mention the resurrection of book “Little Black Sambo” in 2005, which inspired overtly racist nursery-school songs in Saitama about black butts?  (See Matthew Chozick, “Sambo racism row reignites over kids’ play,” Zeit Gist, April 13, 2010.)
Sambooriginal

And how about the Choya plum saké commercials in 2008, featuring three girls (two Caucasian, one Japanese), the latter sporting a big plastic nose and stick-on paper blue eyes?  Although most of these ads were soon pulled after complaints, you can still go to Amazon Japan or Tokyu Hands and buy your own “gaijin” stick-on blue eyes and nose (with the caption “Harō Gaijin-San”) to sport at parties!

Har har.  Can’t you see it’s all just a joke, imbued with a deep sense of irony subversively directed at Japanese people?  Except that, as I’ve pointed out in JBCs passim, irony as humor is not one of Japan’s strong suits.

Moreover, remember when McDonald’s Japan was using a nerdy white guy to hawk newfangled burgers?  JBC argued (“Meet Mr. James, Gaijin Clown,” Sept. 1, 2009) that stereotyping of this nature only works as humor if, among other things, there is a “switch test” – i.e., everyone is fair game for parody.

But in Japan it’s not fair game.  Japanese society and media takes quick umbrage to being lampooned by the outside world, especially in a racialized manner.

Case in point:  To commemorate the publication of “Little Black Sambo,” I drew up a parody called “Little Yellow Jap” to put the shoe on the other foot (debito.org/chibikurosanbo.html).  I made the protagonist as stereotypically exaggerated as the ink-black gollywogs in the book:  bright yellow skin, round glasses, buck teeth, and clad in a fundoshi loincloth.  I pointed out on every page that this was a parody of Japan’s Sambo, and contextualized it with a full explanation in Japanese of why racialized books for children are bad.

Yet for years now in the Japanese version of Wikipedia’s entry on me, this parody is cited as an example of my “discrimination against Japanese.”  Clearly turnabout is not in fair play.

Or consider the case of British TV show QI (Philip Brasor, “Cultural insensitivity no laughing matter,” Media Mix Jan. 30, 2011, discussed here).  Producers were forced to apologize for a joke about a recently-deceased Japanese who in 1945 unluckily travelled to Nagasaki, after experiencing the first atomic bombing, to catch the second one.  A panelist had dryly quipped, “He never got the train again, I tell you.”

That’s not funny!  That’s insensitive.  And insulting!  And racist, according to the more unified online communities in Japan, backed up by protesting Japanese government officials, all of whom clearly understand irony.  (For the record:  I’m being ironic.  Please laugh.)

Back to ANA.  I bet the omnipotent gerontocracy at corporate headquarters didn’t think anything amiss (obviously; they approved the ad), because, as is often claimed in these situations, Japanese in fact “admire” (akogareru) white people.  This ad is, if anything, a paean.  After all, look at him!  He looks like Robert Redford, one of the prototypical kakkō-ii foreigners of our generation!  (They could do with a Brad Pitt update, I guess.)

In tepid apology letters, ANA uses the standard disclaimer:  “We didn’t mean to offend anyone.”  Okay.  And I’m sure many of your potential customers didn’t “mean” to be offended either.  But many were.  And if you have any pretentions to being an international company, you wouldn’t get in these sticky wickets in the first place.

(Two apology letters https://www.debito.org/?p=12077#comment-431421
https://www.debito.org/?p=12077#comment-431434
UK Independent on the apologies https://www.debito.org/?p=12077#comment-431419)

To be fair, this campaign was probably cooked up not by ANA, but by one of Japan’s advertising oligarchs (no doubt Dentsu, with nearly a third of Japan’s market share).  Anyone with an eye on the Japanese media knows how they make silly amounts of money on silly stereotypes (including the one that Japanese don’t hug), while reaffirming the binary between “Japan” and “the rest of the world.”

Nevertheless, ANA deserves its lumps, because reps simply don’t know what they’re apologizing for.  In fact, they clumsily reinforced the binary, stating in press releases that complaints have “mostly come from foreign customers” (as opposed to real customers?), before finally pulling the ad last Tuesday.

Now consider this:  Gerry Nacpil, Supervisor of ANA Sky Web, wrote in his apology: “The intention of this commercial was… to encourage Japanese to travel abroad more and become global citizens.”

So… “global citizens” equals White people?

Now the ad is even more problematic.

To quote a friend, in an open letter to ANA:

“Dear ANA:  Are you aware that most of your foreigner customers are from places like Seoul, Shanghai, Taipei, Hong Kong, Singapore, Manila, and Kuala Lumpur?  And that most of them probably don’t have blond/orange hair?  Oh, and even the ones with blond hair probably don’t have noses like a tengu goblin.  And pretty sure that Japanese people enjoy being hugged and have emotions.  Well, at least the Japanese who aren’t sticks-in-mud CEO boardroom types with no sense that the world doesn’t really resemble their 19th-century, ‘we are so different from you funny-looking white gaijin’ Meiji-Era mentality.

“Look forward to seeing your 2020 customers.  They may surprise you.  Sincerely, A Big-Nosed White Guy who speaks Japanese.”

Touché.  Look, Japan, if you want to host international events (such as an Olympics), or to have increased contact with the outside world, you’ll face increased international scrutiny of your attitudes under global standards.

For one of Japan’s most international companies to reaffirm a narrative that Japanese must change their race to become more “global” is a horrible misstep.  ANA showed a distinct disregard for their Non-Japanese customers—those who are “Western,” yes, but especially those who are “Asian.”

Only when Japan’s business leaders (and feudalistic advertisers) see NJ as a credible customer base they could lose due to inconsiderate behavior, there will be no change in marketing strategies.  NJ should vote with their feet and not encourage this with passive silence, or by double-guessing the true intentions behind racially-grounded messages.

This is a prime opportunity.  Don’t let ANA off the hook on this.  Otherwise the narrative of foreigner = “big-nosed blonde that can be made fun of” without turnabout, will ensure that Japan’s racialized commodification will be a perpetual game of “whack-a-mole.”

ENDS

Come back Brazilian Nikkei, all is forgiven!, in a policy U-turn after GOJ Repatriation Bribes of 2009

mytest

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Hi Blog.  In an apparent policy U-turn, the GOJ decided last week to lift the ban on certain South Americans of Japanese descent (Nikkei) from re-entering Japan.  This after bribing them to leave in 2009 so that they would not become an inconvenient unemployment statistic (not to mention that it was cheaper to pay their airfare than to pay them their social welfare that they had invested in over the decades, or pay them their pensions in future when reaching retirement age).

The reasons for this U-turn are being discussed in a recent Japan Times article, excerpted below.  The article speculates that a couple of embarrassing lawsuits and visa-denials might have tipped the GOJ’s hand (I for one doubt it; Japan’s visa regimes, as can be seen for example in its perennial stance towards refugees, are generally impervious to public exposure and international pressure).  I believe it was more an issue of the GOJ facing reality (as happened more than one year ago at the highest policymaking levels, where even the GOJ still maintained the stance that if immigration was an inevitability, they had better bring back people with Japanese blood; after all, the only ones in attendance were all Wajin and one token Nikkei).

Debito.org has spoken out quite hot-tonguedly about how ludicrous the Nikkei Repatriation Bribe was, not the least because of its inherently racialized paradigms (because they only applied to Nikkei — people who were also in even more dire financial straits due to the economic downturn, such as the Chinese and Muslim factory workers laboring in conditions of indentured servitude, were left to fend for themselves because they lacked the requisite Japanese blood).

So as a matter of course Debito.org cheers for the lifting of the ban.  But the Bribe and the Ban should never have happened in the first place.  So the GOJ can also take its lumps even if they are ultimately making the right decision.

Does this mean that the numbers of registered NJ residents of Japan will start to increase again?  I will say it could happen.  I stress: could, not will happen.  But if it did, that statistic, not any asset bubbles and transient stock-market numbers that people keep championing as the putative fruits of “Abenomics”, will be the real indicator of Japan’s recovery.   That is to say, if Japan ever regains its sheen as an attractive place to work for international labor, then an increase in Japan’s NJ population will cause and signal a true leavening of Japan’s economic clout and prowess.  But I remain skeptical at this juncture — as I’ve said before, the jig is up, and outsiders generally know that Japan has no intention or enforceable laws to treat immigrants as equals, no matter how much of their lives and taxes they invest.

At this time, I believe international migrant labor will continue to vote with their feet and work elsewhere.  So good luck with significant numbers coming to Japan even with this ban lifted.  Arudou Debito

==========================
Referential article:

Ban lifted on ‘nikkei’ who got axed, airfare
But Japanese-Brazilians must have work contract before coming back
BY TOMOHIRO OSAKI, The Japan Times OCT 15, 2013
EXCERPT:
In what could be a significant change in policy affecting “nikkei” migrant workers from Brazil, the government Tuesday lifted a ban on the return of Japanese-Brazilians who received financial help in 2009 to fly home when they were thrown out of work during the global financial crisis.

Ostensibly an attempt to help the unemployed and cash-strapped Latin American migrants of Japanese ethnic origin escape the economic woes here, the 2009 initiative offered each an average of ¥300,000 to be used as airfare. It eventually resulted in an exodus of around 20,000 people, including 5,805 from Aichi Prefecture and 4,641 from Shizuoka Prefecture.

Although some of the migrants were genuinely thankful for the chance to get out of struggling Japan and find jobs back home, others were insulted because accepting the deal also meant they couldn’t come back to Japan at least “for the next three years” under “the same legal status.” This was seen as an outrageous move by the government to “get rid of” foreign workers as demand for their services fizzled out.

The migrants were initially banned from re-entering Japan for an unspecified period of time, but after a storm of both domestic and international condemnation, the government eventually said it might green-light their return after three years, depending on the economy.

Rest at http://www.japantimes.co.jp/news/2013/10/15/national/ban-lifted-on-nikkei-who-got-axed-airfare/
ENDS

Good news: Japan Times Community Pages expanding from two-page Tuesdays to four days a week

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Hi Blog.  Good news.  With an imminent tie-up between The Japan Times and The New York Times, the Community Pages (which I have written for since 2002) will expand from its present two pages on Tuesday to four days a week.  The JT explains in more detail below.  Proud to be part of this writing crew.  We are the only English-language newspaper that is covering issues in this degree of depth in ways that matter to the English-reading NJ communities, and now we’re getting even more space.  Bravo.  Thank you to everyone for reading and encouraging this to happen.  — Arudou Debito, JUST BE CAUSE Columnist, The Japan Times

communityauthorsOct2013

justbecauseicon.jpg

 

Growing Community: the JT’s most talked-about section is about to get larger

From Thursday, Oct. 17, the Community pages will be expanding to four days a week from the present double-page spread on Tuesday and single Saturday page in the print edition. Here’s a taste of what to expect from mid-October:

Monday

Recognizing that a huge number of our readers work in the education sector, Monday’s main feature, Learning Curve, will focus on aspects of the teaching profession in Japan, from eikaiwa to JET and higher education.

Louise George Kittaka will continue to answer readers’ questions for Lifelines, with lawyers from the Tokyo Public Law Office’s Foreigners and International Service Section addressing legal issues on the second Monday of the month.

Learning-related listings and letters will also run Mondays.

Tuesday

Writers including David McNeill, Jon Mitchell and Simon Scott will continue to tackle the big issues for The Foreign Element.

Opinion pieces that in the past would have been published here will shift to Thursday’s page.

Views From The Street will be staying put, tapping the views of people around the country about everything under the rising sun.

Free listings related to causes and campaigns will feature on Tuesdays, as will feedback about the previous week’s columns.

Thursday

Debito Arudou’s Just Be Cause will appear on the first Thursday of the month, with Hifumi Okunuki’s Labor Pains on week two.

Oct. 17 will see the debut of Law Of The Land, a new column by legal expert Colin P.A. Jones.

Fourth (and fifth) Thursdays will offer an open space for opinion, to be called Foreign Agenda.

Readers will still have a forum to vent in Hotline to Nagata-cho.

Listings related to shared pursuits — from discussion groups to sports clubs — will run on Thursdays.

Saturday

Japan Times stalwarts Amy Chavez (Japan Lite) and Thomas Dillon (When East Marries West) will alternate week by week, offering their wry observations about life in Japan from the wilds of the Seto Inland Sea and Tokyo, respectively.

Saturday will continue to be the place to find out more about the diverse range of individuals that make up the foreign community of Japan, with personality profiles, reports on events and organizations, and the occasional embassy profile in Our Man/Woman In Tokyo.

Mixed Matches will focus on multicultural relationships, while Saturday’s listings will cover social and religious events.

ENDS

Kyoto District Court orders anti-Korean Zaitokukai to pay damages in first J court decision recognizing hate speech as an illegal form of racial discrimination

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Hi Blog.  Good news from the Japanese judiciary.  A lower court in Kyoto has finally ruled for the first time that a) hate speech exists in Japan, b) it is an illegal activity, subject to restriction, sanction, and penalty, and c) it is covered under international treaty (since Japan has no law against hate speech) such as the UN CERD.

That is a hat trick in terms of jurisprudence (on par with the Ana Bortz Case and the Otaru Onsens Case, although they were arguably more about issues of business and access to services than abstract concepts like freedom of speech).

Let’s hope a higher court does not overturn this.  But I think the zealous bigots at Zaitokukai are realizing they’ve gone too far and set a spoiler precedent. About time — when their followers advocate murder and massacre of an ethnic minority, I think that’s when even timorous Japanese judges, who are sensitive to media attention, have to draw a line somewhere.  Here’s where it was drawn.  Articles from the Mainichi/Kyodo and Japan Times follow.  Arudou Debito

PS:  And in case you find the title of this blog entry a bit odd:  Yes, there are legal forms of racial discrimination in Japan — the “rational” ones.  It takes a court to decipher which ones are “rational discrimination” (gouriteki sabetsu) and which aren’t.

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

Court orders anti-Korean activists to pay damages over hate speech

Mainichi Shinbun,Courtesy of JK
http://mainichi.jp/english/english/newsselect/news/20131007p2g00m0dm051000c.html

KYOTO (Kyodo) — The Kyoto District Court ordered anti-Korean activists Monday to pay damages for disrupting classes at a Korean school by staging a demonstration during which they directed hate speech at the ethnic Korean community in Japan, banning them from staging further demonstrations.

It is the first court decision in connection with hate speech, which fans discrimination and hatred toward a certain race or minority, lawyers for the school said.
October 07, 2013 (Mainichi Japan)

Revised version:

Anti-Korean activists ordered to pay 12 million yen over hate speech demonstrations
October 07, 2013 (Mainichi Japan) Courtesy of MS
http://mainichi.jp/english/english/newsselect/news/20131007p2a00m0na016000c.html

KYOTO — The Kyoto District Court on Oct. 7 ordered anti-Korean activists to pay 12.2 million yen in damages for disrupting classes at a Korean school through a demonstration in front of the school in which they used loudspeakers to disseminate hate speech.

The court decision came after the operator of Kyoto Korean Primary School sued the “Zainichitokken o Yurusanai Shimin no Kai” (Zaitokukai), a citizens group against special rights for Koreans, and its former members, demanding 30 million yen in compensation and a ban on anti-Korean demonstrations within a radius of 200 meters from the school.

Presiding Judge Hitoshi Hashizume concluded that the group’s actions, including promoting its demonstrations on the Internet, aimed to fan discrimination and hatred toward Koreans living in Japan. It is the first court decision that recognized these anti-ethnic Korean demonstrations as a form of racial discrimination banned under the International Convention on the Elimination of All Forms of Racial Discrimination.

The ruling discussed if freedom of expression secured under the Japanese Constitution could apply to the Zaitokukai’s demonstrations from December 2009 to March 2010, during which group members delivered hate speeches using words such as “Kick Korean schools out of Japan!” and “You guys smell like kimchi” and “These students are children of spies!” through loudspeakers at the school in Kyoto’s Minami Ward.

The ruling is hoped to prevent similar anti-Korean hate speech-fuelled rallies held mainly in Tokyo’s Shin-okubo district and Osaka, and is expected to spark debate on laws and regulations against such movements.

Meanwhile, Zaitokukai’s vice chairman Yasuhiro Yagi said, “We’re disappointed that the legitimacy of our actions were denied. We’ll decide whether or not to appeal after studying the verdict.”

ENDS

Original Japanese story:

朝鮮学校授業妨害:街宣損賠訴訟 在特会街宣に賠償命令 「人種差別で違法」 朝鮮学校周辺、活動禁止−−京都地裁判決
毎日新聞 2013年10月07日 東京夕刊
http://mainichi.jp/select/news/20131007dde001040010000c.html

京都朝鮮第一初級学校(京都市)の校門前で行われた学校を中傷する大音量の街頭宣伝などヘイトスピーチ(憎悪表現)で授業を妨害されたとして、同校を運営する京都朝鮮学園(京都市右京区)が、「在日特権を許さない市民の会(在特会)」と元メンバーら9人を相手取り、3000万円の損害賠償と同校の半径200メートル以内での街宣活動禁止を求めた訴訟の判決が7日、京都地裁であった。橋詰均裁判長は在特会の街宣を「著しく侮蔑的な発言を伴い、人種差別撤廃条約が禁ずる人種差別に該当する」と認定した。

学校事業に損害を与えたとして在特会側に1226万円を支払うよう命じた。学校周辺の街宣活動についても請求通り禁止を命じた。いわゆるヘイトスピーチの違法性を認定したのは全国で初めて。裁判所が、ヘイトスピーチとして問題になっている特定の民族に対する差別街宣について「人種差別」と判断したことで、東京・新大久保や大阪で繰り返される在日コリアンを標的にした差別街宣への抑止効果が予想され、ヘイトスピーチの法規制議論を促すことになるとみられる。

判決は、2009年12月〜10年3月、在特会メンバーらが京都朝鮮第一初級学校(当時。現在は京都朝鮮初級学校=京都市伏見区=に移転)に押しかけ、「朝鮮学校を日本からたたき出せ」「何が子どもじゃ、スパイの子やんけ」などと拡声機で怒号を浴びせた演説について、憲法が保障する「表現の自由」の範囲内かどうかなどについて検討した。

橋詰裁判長は街宣やその映像をインターネットで公開した行為について「在日朝鮮人に対する差別意識を世間に訴える意図のもとに示威活動及び映像公開をしたものと認められ、人種差別に該当」と判断した。

朝鮮学校側の「民族教育権」が侵害されたとの主張については、言及しなかった。【松井豊】

◇子どもの励みに−−原告弁護団長

原告側の塚本誠一弁護団長は「同種の街宣事案について、強い抑止効果を発揮すると期待している。日本全国の朝鮮学校で学んでいる子どもたちの大きな励みになる」と話した。

◇認められず残念−−在特会副会長

在特会の八木康洋副会長は「我々の行為が正当であると認められなかったのは非常に残念。判決文を精査して控訴するかどうかを考えたい」と話した。

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

Mainichi Shinbun Editorial, courtesy of MS:

Editorial: Ruling that hate speech constitutes racial discrimination is rational
October 08, 2013 (Mainichi Japan)
http://mainichi.jp/english/english/perspectives/news/20131008p2a00m0na018000c.html

A recent court ruling that stated that any hate speech campaign targeting particular races and ethnic groups constitutes racial discrimination and is illegal should be regarded as a rational judgment. It is hoped that the ruling, the first of its kind, will lead to the prevention of hate speeches, which have been conducted in neighborhoods of Tokyo, Osaka and other regions where many Korean residents are living and has developed into a serious social problem.

The Kyoto District Court ordered members of Zaitokukai, or a citizens group that “does not tolerate privileges for Korean residents in Japan,” which organized one of such campaigns, to pay 12.26 million yen in damages to the operator of a pro-Pyongyang Korean school in Japan. The court also banned the group from engaging in such street propaganda campaigns.

In the ruling, the court concluded that the defendants obstructed the school’s business and defamed the plaintiffs by blaring through loudspeakers, “Descendents of illegal immigrants,” and “Destroy Korean schools,” and uploading the footage of the campaign online.

The district court went on to recognize that the defendants’ campaign falls under “distinction and exclusion based on race or ethnic origin,” which is banned under the International Convention on the Elimination of All Forms of Racial Discrimination. The court also expressed its view that the amount of compensation for any form of racial discrimination, such as the hate speech by Zaitokukai, is higher in accordance with the convention.

Zaitokukai claimed that it launched the campaign in question to protest against the school for using a neighboring park as a sports ground without permission from the Kyoto Municipal Government, which manages the park. However, the court ruled that regardless of whether Zaitokukai’s claim was true, the defendants’ campaign is illegal because it was obviously aimed at spreading a sense of discrimination against Korean residents throughout society. The court also dismissed Zaitokukai’s claim that its freedom to express political views should be protected, noting that the hate speech did not contain anything that served the common good and was nothing but an insult.

Freedom of expression is an important part of fundamental human rights. As such, the freedom to express opinions through demonstrations should be guaranteed. However, hate speeches could impair the dignity of Korean residents and other targets and foster prejudice against foreigners and exclusionism in Japan’s society.

In South Korea and China, these demonstrations in Japan are widely reported online, stirring anti-Japan sentiment. We must prevent such campaigns, launched by only a small portion of Japanese people, from contributing to the worsening of Japan’s relations with South Korea and China.

The International Convention on the Elimination of All Forms of Racial Discrimination, to which Japan is a party, has a clause requiring parties to punish those involved in hate speeches. Some European countries legally slap punishments on those involved in such campaigns.

However, Japan has reserved its ratification of this clause in the convention for fear that should it enact legislation imposing criminal punishment on those involved in such campaigns, it could lead to excessive controls on freedom of speech and other forms of expression. Actually, the latest ruling has demonstrated that existing legislation can control hate speeches.

The ruling highlighted the common sense of not tolerating discrimination based on race and ethnic origin. It is important to ensure social consensus to avoid any words and deeds that impair individuals’ dignity from taking form in Japanese society. Japan should improve its efforts through education and other means to nurture people’s notion of human rights.

ENDS
Original Japanese story:

社説:ヘイトスピーチ 差別許さぬ当然の判決
毎日新聞 2013年10月08日 東京朝刊

http://mainichi.jp/select/news/20131008ddm005070155000c.html

特定の人種や民族への憎しみをあおるヘイトスピーチ(憎悪表現)と呼ばれる言動の違法性を認める初めての司法判断が示された。東京や大阪などの在日韓国・朝鮮人が多く住む地域などで繰り返され、社会問題化しているこうした行為の歯止めにつながることを望みたい。

朝鮮学校を運営する学校法人が、「在日特権を許さない市民の会(在特会)」や会員らに損害賠償などを求めた訴訟で、京都地裁は1226万円の賠償を命じ、学校周辺での街宣活動も禁止した。「密入国の子孫」「朝鮮学校をぶっ壊せ」と怒鳴り上げ、その様子を撮影した映像をインターネット上で公開したことが業務を妨害し、名誉を傷つける不法行為と認めた。当然の判断だ。

判決はさらに、一連の言動が国連の人種差別撤廃条約が禁止する「人種や民族的出身などに基づく区別、排除」に該当すると認めた。このような差別行為であれば条約に基づき、損害も高額になるという判断も示した。

在特会側の街宣活動は、学校が隣接する公園を、管理者である京都市の許可を得ないまま運動場として使っていることを非難するものだった。しかし判決は、事実を示す内容が含まれていたとしても、在日朝鮮人に対する差別意識を世間に訴える意図があることは明らかで違法とした。演説も公益目的のない侮蔑的発言としか考えられないと述べ、「政治的意見を述べる自由は保護される」という在特会側の主張を退けた。

表現の自由は基本的人権の中でも重要な権利であり、デモによる意見表明は尊重されるべきだ。しかし、ヘイトスピーチは、攻撃の対象となる在日韓国・朝鮮人らの尊厳を傷つけ、外国人に対する偏見と排外主義的な感情も助長しかねない。

韓国や中国では、日本でのデモなどの様子がネット上で紹介され、反日感情を刺激している。一部の人たちの言動が日本と韓国や中国との関係悪化を助長することは避けなければならない。

日本も加盟する人種差別撤廃条約にはヘイトスピーチに対する処罰規定がある。ヨーロッパなどには刑事罰を科す国もあるが、日本はその部分を留保している。新たな法規制をすれば、表現の自由をおびやかし、行き過ぎた言論統制を招く恐れがあるためだ。判決は現行法でもヘイトスピーチに対応できることを示した。

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

Japan Times version (including the error that the Koreans make up Japan’s largest ethnic minority.  In fact, since 2007, the Chinese do; nigh time for lazy reporters to update their preconceptions):

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

Zaitokukai told to leave Korean school in Kyoto alone
Court bans rightists’ hate speech, rallies
KYODO, AP and The Japan Times OCT 7, 2013
http://www.japantimes.co.jp/news/2013/10/07/national/court-bans-rightists-hate-speech-rallies/

KYOTO – The Kyoto District Court ordered anti-Korean activists Monday to pay damages for disrupting classes at a Korean school by staging demonstrations during which they used hate speech, and banned them from staging further rallies.

The landmark ruling acknowledged for the first time the explicit insults used in the rallies constituted racial discrimination, human rights experts said, and it could prompt a move to exempt hate speech from free-speech rights under the Constitution.

Presiding Judge Hitoshi Hashizume said the actions of Zaitokukai members and other activists who shouted hate-speech slogans near the school and posted video footage of the demonstrations online were “illegal.”

The actions “constitute racial discrimination as defined by the International Convention on the Elimination of All Forms of Racial Discrimination,” which Japan has ratified, Hashizume said.

Zaitokukai and the activists were ordered to pay about ¥12 million and banned from street demonstrations within a 200-meter radius of the pro-Pyongyang Korean school in the city of Kyoto. The operator of the school had sought ¥30 million in damages.

The operator filed the lawsuit in June 2010 against the group and eight activists for using hate speech on three occasions from December 2009 to March 2010 near Kyoto Chosen Daiichi Elementary School in Minami Ward.

The activists shouted slogans, such as “throw Korean schools out of Japan” and “children of spies,” through loudspeakers, disrupting classes and causing some students to complain of stomach pains, according to the suit.

The plaintiff argued that its right to receive “minority education” had been violated in seeking a ban on such demonstrations around the school, which has been consolidated with Kyoto Chosen Elementary School in Fushimi Ward since the incidents.

Several hundred thousand Koreans comprise Japan’s largest ethnic minority group, many of them descendants of forced laborers shipped to Japan during its brutal 1910-1945 colonial rule of the Korean Peninsula. Many still face discrimination.

Such rallies have escalated this year and spread to Tokyo and other cities with Korean communities amid growing anti-Korean sentiment. In street rallies held in major Korean communities in the Tokyo area, hundreds of group members and supporters called Koreans “cockroaches,” shouted “Kill Koreans” and threatened to “throw them into the sea.”

Zaitokukai defended its actions as “freedom of expression” and said they were intended to oppose the school’s installing of a platform for morning assembly without permission at a park that is managed by the city.

Four of the eight defendants have been convicted of forcible obstruction of business and property destruction in connection with the demonstrations, while the school’s former principal has been fined ¥100,000 for unauthorized occupancy of the park.
ENDS

Zakzak: Counterdemos against hate speech in Japan, now supported by Olympic fever

mytest

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Hi Blog.  Here’s some good news.  Finding a silver lining in Japan’s successful Olympics 2020 bid, here’s Zakzak reporting that Olympic fever has seized the groups protesting against the anti-Korean demonstrations happening in Tokyo:  They are blocking demonstrations and not wanting them to spoil Tokyo’s Olympics.  Well, very good.  Should think that as the time draws nearer the xenophobic elements within Japan’s ruling elites will be leaning on the rabid Rightists as well.  But it’s nice to see the Grassroots doing it for themselves.  May it become a habit.  Arudou Debito

新大久保、大荒れ 嫌韓ヘイトスピーチ

2013.09.09  Zakzak.co.jp,  Courtesy of MS

http://www.zakzak.co.jp/society/domestic/news/20130909/dms1309091209002-n1.htm

olympiccounterdemos090913
嫌韓デモに対し、路上に寝転んで抗議する人たち=8日(東京・新大久保)【拡大】

 韓流の街、東京・新大久保(新宿区)で8日、在日コリアンに対するヘイトスピーチ(憎悪表現)デモが行われ、対抗するグループが「オリンピックの邪魔をするな」と激突。逮捕者が出るなど荒れに荒れた。

デモが行われたのは、韓流ショップなどが立ち並ぶ新大久保付近の商店街。「在日特権を許さない市民の会(在特会)」などの主催で、旭日旗を掲げた一団が「オリンピックおめでとう」「日韓断交」と声を上げながら練り歩いた。

対抗するグループは「ここは東京。オリンピックをやるところだぞ」「日本の恥」などと訴え、集団で車道に寝転び「帰れ」「デモ中止」と叫んで妨害し、警察に排除される場面もあった。

また、同日午後0時20分ごろ、大久保(新宿区)の路上で、在特会が用意した横断幕(時価約5000円相当)を破ったとして、警視庁新宿署は器物損壊の現行犯で男を逮捕。同署によると、男は黙秘し、氏名も不詳という。

ENDS

Racist 2013 Toshiba commercial for product APB-R100X, SuiPanDa combination ricecooker/breadmaker

mytest

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Hi Blog. A bit of a racist slam-dunk today. World-class company Toshiba seems to think that domestic commercials will only be seen within the putatively hermetic Japanese domestic market. And that there are no people in Japan who might take offense at being racially caricatured.

toshiba2013suipanda1

The advertised product in question:  A rice cooker that can also double as a bread maker — Toshiba SuiPanDa Model APB-R100X.  The issue:  Gaijinizing the user to promote bread consumption.  As submitter RS put it:

====================================
Hello Debito, I’m not sure if you have seen this commercial or not, but perhaps you may be interested in it.

http://www.youtube.com/watch?v=TaAXIenMJPI

UPDATE: (Link is now dead, but video archived at Kotaku.com here, thanks:)
http://kotaku.com/toshiba-commercial-called-racist-606881529

And if you want your own copy, here’s the ad in mp4 format:
https://www.debito.org/Toshibasuipanda.mp4

It’s clearly racist, and even kind of seems like the minstrel shows in the US in the 1800’s (which were incredibly racist). It’s pretty unbelievable that this commercial seems to be new, and is from such a major corporation…
====================================

Just in case it gets taken offline, some stills, for the record:

toshiba2013suipanda2 toshiba2013suipanda3 toshiba2013suipanda4 toshiba2013suipanda5 toshiba2013suipanda6

Note the accented speech rendered in katakana subtitle for the Gaijinized Japanese actress, complete with blond hair, appended big nose, and overexuberant gestures and speech patterns.  Not to mention the dichotomous stereotype that people who eat bread (as opposed to potatoes or some other kind of starch) are automatically “Western” (youfuu).

COMMENT: Well, to me, not so unbelievable. Debito.org has collected a veritable rogues’ gallery of  Japanese commercials and product lines that use biological memes of racism to hawk product — some of which were taken off the air when people protested (click on photos for more information):
vibesumadara3
nagasakitabinetto2
blackmelonpan
090813mrjamesfull
Sambooriginal
MandomAd2

Of course, you are welcome to protest this as well. Here’s the Toshiba website with the product in question:
http://www.toshiba.co.jp/living/kitchen_appliences/abp_r100x/

And here’s Toshiba’s online feedback: https://www.livingdoors.jp/csqa/form.php
Phone and Fax numbers here: http://www.toshiba.co.jp/csqa/contact/support/living_sonota/index_j.htm#contactInfoArea

Many Japanese advertisers just never seem to learn.  It’s up to us to tell them.  Arudou Debito

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

UPDATE JUNE 29: Here are two other commercial spots for other Toshiba products, featuring the same businesswomen actresses in the same vein, but without the racialization. As a friend pointed out elsewhere, “Toshiba could have communicated the same message more effectively by interviewing a master baker or some other expert.”

Courtesy of Kotaku. Note that in these videos, these people are co-workers who know each other. Gaijinized in the breadmaker commercial, she’s an unknown stranger. Once again, Gaijin are the perpetual “Other” who don’t belong, even with all the NJ working for Japanese corporations.

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

UPDATE TWO: Toshiba is clearly aware that this commercial is problematic because they’ve immediately removed it from their website.

http://www.toshiba.co.jp/eco/ch/homebakery/index_j.htm

That’s kinda funny.  A world-class electronics company thinking that it can just remove their racist advert without comment, retraction, or apology, and that would be it?  Not very media- or tech-savvy, are they?

Download your own copy from Debito.org in mp4 format, for posterity.
https://www.debito.org/Toshibasuipanda.mp4

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

UPDATE THREE:  Even funnier, Toshiba’s racist advertisement goes against its own Corporate Standards of Conduct!

toshibacorppolicyadvertising2013

 

14. 広告活動
2. 東芝グループ役員・従業員の行動基準
3. 政治、宗教等については広告表現の対象とせず、また、人種差別、心身障害者差別等を想起させ、人間の尊厳を傷つけるような表現を用いません。
http://www.toshiba.co.jp/csr/jp/policy/soc.htm#SOC01_14

Good news: GOJ signs Hague Child Abductions Treaty. Bad news: GOJ will probably caveat its way out of ever following it

mytest

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Hi Blog.  I have some good news to report.  After years of pressure on the GOJ to act like its fellow advanced societies in terms of divorce and child custody, Japan earlier this week signed the Hague Convention on Child Abductions.  Good.  I will comment more after the BBC article:

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

Japan votes to adopt child abduction treaty

22 May 2013 BBC News

Japan's Upper House members approve the international treaty Hague Convention after an unanimous vote at the National Diet in Tokyo on 22 May 2013
Japan’s parliament voted unanimously to approve the treaty

Japan’s parliament has voted to adopt an international treaty on child abductions, after years of pressure from Western countries.

The 1980 Hague Convention sets out procedures for handling cross-border child custody disputes.

Japan is the only country out of the Group of Eight industrialised nations (G8) yet to ratify the convention.

Its policies have been blamed for making it easy for Japanese mothers to remove children from foreign fathers.

Parents who have had their children abducted and taken to Japan by ex-spouses have describe the country as a “legal black hole” into which their children disappear, the BBC’s Rupert Wingfield-Hayes reports from Tokyo.

In February, Japanese Prime Minister Shinzo Abe expressed his support for the treaty after meeting US President Barack Obama.

The upper house of parliament voted to join the treaty on Wednesday. The lower house, which is more powerful, approved the treaty last month.

The government will ratify the treaty after finalising domestic procedures, including setting up a central authority responsible for locating abducted children and helping parents settle out of court where possible.

Japan says it aims to ratify the treaty by March 2014.

Divorced abroad

The 1980 Hague Convention on the Civil Aspects of International Child Abduction aims to protect the rights of both parents in custody cases.

“When I said I wanted to see [my daughter] on weekends, the judge and the attorneys in the room laughed” — Paul Toland, US Navy Commander

It seeks to ensure that custody decisions are made according to the laws of the country which provided the first residence for the children.

Under the convention, children who are taken away by a parent following a marriage breakdown must be returned to the country where they normally reside, if requested by the other parent.

However, campaigners say little will change until Japan reforms its own archaic divorce laws, our correspondent reports.

Japan’s family courts normally grant custody to one parent – traditionally the mother – after a divorce.

That parent is under no obligation to give the other parent access to the child, and it is not unusual for one parent to be cut out of their children’s lives forever.

There have been more than 200 international custody cases involving Japan. Many involve cases of Japanese nationals – married to non-Japanese nationals – who were divorced abroad taking their children back to Japan, despite joint custody rulings.

One high-profile case is that of US Navy Commander Paul Toland, who lost custody of his daughter Erika after his marriage with his Japanese wife broke down.

“The [family] court completely avoided any discussion regarding visitation with Erika,” he said in a statement in 2009.

“When I said I wanted to see Erika on weekends, the judge and the attorneys in the room laughed.”

He was unable to regain custody after his ex-wife killed herself – instead, his daughter now lives with her maternal grandmother, who Cdr Toland said in his 2009 statement had refused to allow access.

In 2010, the ambassadors of 12 countries, including the US, UK, Australia and Germany, signed a joint statement urging Japan to adopt the 1980 Hague Convention.

However, critics of the convention have previously argued that it could make it harder for Japanese women to flee abusive relationships abroad.

ENDS

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

COMMENT:  I don’t want to dismiss this development out of hand, because Japan doing this is a step in the right direction (after all, if even after this I had nothing good to say, then what would EVER count as good news on Debito.org?)  But as I have argued before, I think it’s been signed because enough time has passed for caveats to be put in place — so that the home team will rarely lose a custody case in Japan (furthermore, part of the argument for signing has been that Japanese would have a stronger footing overseas to pursue custody cases in Hague signatory countries — again, benefiting the home team in either case).  After all, the normalized portrayal in Japanese media of NJ as violent spouses, and Japanese as victims (particularly wives, even though they are the great minority in international marriages) has expanded Japan’s definition of “Domestic Violence” to even simple heated arguments.  Fight with your J-wife anytime and lose your kids. The deck is stacked.

Let me quote one submitter:  “From May 13’s Japan Times.  A series of articles hammering home what will evidently be Japan’s final word on the subject, that Japanese fleeing countries abroad are doing so to protect their kids and themselves from angry, violent, abusive foreign husbands.  Cue standardized quotes from proclaimed “expert on the issue” Kensuke Onuki as well as lawyer Mikiko “I was for the convention but now I see it conflicts with Japanese culture” Otani and a slew of heart-wrenching stories of Japanese wives fleeing abusive marriages (one claiming that had Japan been party to the Hague Convention at the time of her escape she would have chosen killing her child and herself than risk a return to her husband.  Whether these individual stories have merit of not, it’s pure one-sided sensationalism.  Where are the Murray Wood stories of wife abuse and neglect?
http://search.japantimes.co.jp/cgi-bin/nn20100514f1.html
http://search.japantimes.co.jp/cgi-bin/nn20100514f3.html
“Only Minoru Matsutani’s article sandwiched between offers any sense of balance.”
http://search.japantimes.co.jp/cgi-bin/nn20100514f2.html

And to quote another anonymous legally-trained friend:  “How to address DV is an issue in all Hague countries. In addition to allegations of DV, the Japanese legislation will also allow a judge to consider whether it would be difficult for EITHER the taking parent OR the parent requesting return to raise the child in the country of origin.  This sounds awfully close to a full-blown custody determination, which is sort of what courts are NOT supposed to do in Hague cases.”

As for future prospects, I shall defer to the better-informed judgment of a specialist international lawyer in this field, who wrote the following shortly before the Hague was signed:

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

Friday, March 15, 2013

Japan’s Potential Ratification of the Hague Convention: An Update
Jeremy D. Morley

http://www.internationalfamilylawfirm.com/2013/03/japans-potential-ratification-of-hague.html

Japan has not yet ratified the Hague Abduction Convention. The Japanese Cabinet has today reportedly approved the ratification but the necessary legislation has not yet been passed by the Japanese Diet (Parliament).

The issue of Japan’s joining the Hague Convention is still controversial in Japan. Many members of the Diet are flatly opposed to the treaty on the ground that it will lead to the imposition of “Western thinking” on family relationships in Japan, i.e. that it might lead to the intervention of the courts into the private life of families, to the issuance of judicial orders concerning family matters that can be enforced by the power of the state, and to both parents having meaningful rights to their children after a divorce or separation.

Accordingly, newspaper editorials in Japan have demanded that, when Japanese wives “flee” foreign countries because of alleged domestic violence abroad, they must not be forced to return to the country where such abuse has occurred.

Such concerns have already led to inclusion of a provision in the draft legislation that is most likely to lead to an unnecessarily broad interpretation of the “grave risk” exception in Article 13(b) of the Convention. Indeed, that is the intended result.

The result of such an exception would be to shield abductors who are able to claim domestic abuse even though:

  • (a) The legal system in the (American) habitual residence would provide an abuse victim and child with very substantial protection;
  • (b) No change is being made in Japan to the lack of any meaningful provisions in Japanese law for the other parent to have any access to the child or any decision-making role in the life of the child, so that in reality the foreign left-behind parent would still be without any meaningful rights to the child; and
  • (c) There is no meaningful system within Japan to effectively determine the merits of such claims of abuse.

In addition, there is a serious concern that petitioning parents will be forced into mediation before being allowed to proceed with or complete their judicial case. There are special provisions in the draft legislation promoting mediation. If the mediation process works similarly to the current Family Court mediation process it will lead to lengthy delays and extreme unfairness to petitioning parents.

Mediation is generally an extremely unhelpful forum for foreigners in family law cases in Japan, since (i) foreign parties must appear in person regardless of their place of residency, (ii) the sessions are usually short and are repeatedly adjourned for lengthy periods of time, necessitating multiple inconvenient and expensive visits to Japan, (iii) the foreigners’ views are generally misunderstood for language and cultural reasons, and (iv) the foreigners are pressured to accept unfair terms since there is no enforcement of court decisions in family law matters in Japan and because they are told that their refusal to accept the mediators’ recommendations will be held against them in a trial.

When most other countries have joined the Convention the United States could choose whether or not to accept the accession. If a country has not enacted satisfactory legislation designed to effectively enforce the terms of the Convention other countries need not accept the accession. Such is the case with Thailand, which acceded to the Convention in 2002 but has not yet enacted implementing legislation satisfactory to the United States or several other countries. By contrast, as an original member of the Hague Conference, Japan will not be acceding to the Convention, but will ratify it which will trigger its immediate entry into force without any place for international review.

Meanwhile, the Japanese public is being told that even if Japan signs the Convention, “The return of a child can be denied if the parent seeking it is believed to abuse the child or have difficulties raising him or her.” Daily Yomiuri, Mar. 16, 2013. If that is the gloss that Japan intends to put on the Hague Convention – even though the Convention is expressly designed to secure the expeditious return of all abducted children except in extremely unusual cases – there is little or no point in Japan’s purported ratification of the treaty.

The result of Japan’s ratification of the Convention will likely be to create the appearance of Japan’s compliance with international norms but without any of the substance.

ENDS

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

CONCLUSION:  Same as other treaties that Japan has signed but doesn’t enforce, I think the Hague will wind up as a historical footnote as another treaty Japan chooses to ignore.  When we see the highly unlikely prospect of children of international marriages abducted to Japan sent back overseas by a Japanese court (in contrast to other judiciaries that DO repatriate children, see for example here and here) then I’ll think progress has been made.  But it’s pretty inconceivable to me, since child abduction happens between Japanese couples too thanks to Japan’s insane marriage system, and it’s hard to imagine foreigners suddenly being granted more rights in Japanese marriages than fellow Japanese.  Arudou Debito

Asahi on arrest of Zaitokukai participant in anti-Korean demo; J-Cast on anti-Korean stuff being sold at Dietmember kaikan; Osaka sign saying “Stop Scrawling Discriminatory Graffiti”

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Hi Blog.  We have some positive movements regarding the treatment of hate speech in Japan, particularly regarding that “Kill all Koreans” hate demo that took place last February (god bless the ensuing gaiatsu of international attention for making the GOJ finally take some action to deal with this deservedly embarrassing incident).  First, the Asahi reports that one of the participants in the Zaitokukai hate demo named Akai Hiroshi was arrested by the police, for violent bodily contact with a person protesting Zaitokukai activities.

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

新大久保の反韓デモ、初の逮捕 対立グループに暴行容疑
朝日新聞 2013年5月20日, courtesy of MS
http://www.asahi.com/national/update/0520/TKY201305200108.html

在日韓国・朝鮮人を非難する東京・新大久保でのデモで対立するグループの男性に体当たりしたとして、警視庁は、自称・埼玉県熊谷市拾六間、無職赤井洋容疑者(47)を暴行の疑いで逮捕し、20日発表した。「つまずいて相手にぶつかっただけだ」と容疑を否認しているという。新大久保でのデモで逮捕者が出たのは初めて。

新宿署によると、赤井容疑者は19日午後6時40分ごろ、東京都新宿区の路上で、会社員男性(51)の胸などに体当たりした疑いがある。

赤井容疑者は「在日特権を許さない市民の会」のメンバーらとともにデモに参加。被害男性は、デモをやめるよう抗議する集団に加わっていた。両集団はそれぞれ約200人規模で、警視庁機動隊を挟み、緊迫した状況だったという。

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

Japan Times reports from Kyodo:

==============================
NATIONAL
Man held during anti-Korean rally
KYODO MAY 22, 2013

http://www.japantimes.co.jp/news/2013/05/22/national/man-held-during-anti-korean-rally

Police have arrested a 47-year-old man who took part in a regularly held anti-Korean demonstration in Shinjuku Ward, Tokyo, for allegedly assaulting another man protesting the rally.

The man arrested Monday identified himself as Hiroshi Akai, an unemployed former Self-Defense Force member from Kumagaya, Saitama Prefecture. Akai said he had “accidentally bumped into” the other man, according to the Metropolitan Police Department.

Police allege Akai hurled himself at the 51-year-old company employee Sunday evening after the protest in Shinjuku. He was held by riot police who were guarding the demonstration.

Rightwing groups, including one claiming to be “citizens who do not condone privileges given to Koreans in Japan,” have been staging demonstrations several times a month in Shinjuku and nearby Shin-Okubo, home to a large ethnic Korean population.
==============================

Okay, good start, and glad that there are protests regarding the hateful, xenophobic protesters (usually their activities get ignored even if they involve violence against counter-demonstrators).  Except for the fact that this sort of hate speech has by now reached the highest and lowest levels of society, as in anti-Korean stickers being sold in Diet buildings, and anti-Korean graffiti being scrawled on public transportation:

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

韓国人差別ステッカーを議員会館で販売 自民議員側は関係否定して困惑顔
2013/5/14 J-Cast News, courtesy of MS
http://www.j-cast.com/2013/05/14175063.html

「チョンキール」と書かれた韓国人差別のステッカーが衆院議員会館で売られていた――。朝日新聞記者がこうツイートし、ネット上でステッカー販売に批判が相次いでいる。市民団体の会議室利用に協力した自民党議員側は、販売との関係を否定しており、困惑している様子だ。
ステッカーには、ゴキブリのような絵とともに、「ヨクキク 強力除鮮液」「チョンキール」と字が入っていた。朝日新聞社会部の石橋英昭記者が、2013年5月13日のツイートで、会議室でこんなものなどが売られていたと写真付きで紹介している。「日韓断交」というステッカーなども写っている。
朝日新聞記者のツイートがきっかけ
jcast051413
ツイートが物議
この日の会議室は、沖縄復帰をめぐる学習会に使われており、石橋記者は、自民党の西銘(にしめ)恒三郎衆院議員が主催者で、日本維新の会の西村眞悟衆院議員が講演していたと書いた。ただ、続くツイートでは、「国会議員が窓口になって議員会館で学習会を開いた民間団体の関係者が、販売していたということです。議員は直接には関わってないと思います」と補足している。
しかし、ツイートは波紋を呼び、ネット上では、「主催議員は責任をとらなければならない」「知らなかったでは済まされないぞ」などと批判が相次いだ。小説家の深町秋生さんも、「首相のヘイトスピーチ批判とはなんだったんだろう」とツイッターで疑問を呈すほどだった。
これに対し、学習会実行委員会の中心メンバーで市民団体の沖縄対策本部では、「この写真は昨日の学習会とも主催者とも関係ありません」とツイッターなどで弁明を始めた。石橋記者もこのことをツイッターで紹介し、「主催者と無関係な人が会議室に入り、台を設け販売していたとのことのようです」と前言を変えた。
沖縄対策本部代表の仲村覚さんは、フェイスブックでさらに事情を説明している。それによると、ボランティアを依頼した人の友人が、一緒に参加して勝手に展示したものだという。西銘・西村両議員側には、報告とお詫びをしたとしている。
「記者は事実関係確認してほしかった」
とはいえ、西銘恒三郎議員が、差別ステッカーなどの展示・販売について知っていたことはないのか。
沖縄対策本部代表の仲村覚さんは、取材に対し、そのことを否定し、展示の経緯について説明した。それによると、ボランティアをしていた人の友人は、前日の別の集会にも来ており、そこでステッカーなどを販売していた。友人は、学習会でボランティアをするので、そこでも販売させてほしいと仲村さんに申し出たが、仲村さんは、会議室での物品販売はできないと説明を受けているとして申し出を拒否した。
ところが、この友人は当日、会議室のテーブルでステッカーなどを勝手に展示し始めた。これを仲村さんの仲間が見つけ、展示を止めさせたそうだ。ステッカーの販売までしたとは、聞いていないという。
ステッカーなどは、日韓断交共闘委員会という市民団体がサイト上で売っていたが、仲村さんは、この団体のことは知らないとした。販売の意図もナゾのままで、「今後は身元チェックを厳しくするなど、注意していきます」と言っている。
学習会の主催は、形式的に西銘議員になっているが、実際は実行委がしていたという。西銘議員は、企画・運営にはタッチしておらず、学習会にも来ていないとした。
西銘議員の事務所では、取材に対し、スタッフがこう説明した。
「同じ沖縄の人が祖国復帰の勉強会をしたいので会議室利用の窓口になってほしいと依頼があり、こちらで借りられるようにお手伝いはしました。しかし、実行委員会からステッカーのことについて報告などがあり、どういうことなのかとびっくりしています。差別的な思想自体が困りますし、とても残念なことだと思っています。朝日新聞の方も、ツイッターで発言する前に、事実関係を確認してほしかったですね」
ENDS
==============================

The good news, however, is that we’re hearing about these events at all (discrimination often goes ignored in the J-media if its against NJ). Also good news is that the authorities are taking measures against them, as seen in this sign sent to me yesterday by AP:

antirakugakisignmay2013

(Taken in Sekime-Seiiku Station in the Osaka area, May 20, 2013.)

The sign reads: A bright society where people respect each others’ human rights.  Let’s stop scrawling discriminatory GRAFFITI that will hurt people’s hearts.  If you notice any discriminatory graffiti, let us know (addendum:  let a station attendant know).  Signed, Osaka City Citizens’ Bureau.  

Submitter AP writes:  “I talked to the 駅長 as well. I said I don’t know what lead to posting that message, but as a foreigner in Japan I sometimes face 差別 and understand why this kind of thing is important to address, and thanked him. He seemed appreciative as well.”

Good.  Then maybe people are realizing that this sort of thing affects everyone in society, not just some guest foreigners whose lives and feelings have no connection with ours.  These are positive developments.  Arudou Debito

DEBITO.ORG NEWSLETTER MAY 13, 2013 PART 2: New eBooks by Debito on sale now

mytest

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DEBITO.ORG NEWSLETTER MAY 13, 2013 PART TWO

Hello Newsletter Readers. This month’s Newsletter is a little late due to a press holiday on May 7, the date my Japan Times column was originally to come out. So this month you get two editions that are chock full of important announcements. As a supplement, here is information about three new books of mine that are now out in downloadable eBook form:

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

1) Debito’s eBook “GUIDEBOOK FOR RELOCATION AND ASSIMILATION INTO JAPAN” now available on Amazon and NOOK for download. USD $19.99

rsz_finished_book_coverB&N

Following December’s publication of the revised 2nd Edition of long-selling HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS comes a companion eBook for those who want to save paper (and money). A handy reference book for securing stable jobs, visas, and lifestyles in Japan, GUIDEBOOK has been fully revised and is on sale for $19.99 USD (or your currency equivalent, pegged to the USD on Amazons worldwide).

See contents, reviews, a sample chapter, and links to online purchasing outlets at https://www.debito.org/handbook.html

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

2) Debito’s eBook “JAPANESE ONLY: THE OTARU ONSENS CASE AND RACIAL DISCRIMINATION IN JAPAN” now available in a 10TH ANNIVERSARY EDITION on Amazon and NOOK for download. USD $9.99

japaneseonlyebookcovertext

It has been more than ten years since bathhouses in Otaru, Hokkaido, put up “NO FOREIGNERS” signs at their front doors, and a full decade since the critically-acclaimed book about the landmark anti-discrimination lawsuit came out. Now with a new Introduction and Postscript updating what has and hasn’t changed in the interim, JAPANESE ONLY remains the definitive work about how discrimination by race remains a part of the Japanese social landscape.

See contents, reviews, a sample chapter, and links to online purchasing outlets at https://www.debito.org/japaneseonly.html

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

3) Debito’s eBook “IN APPROPRIATE: A NOVEL OF CULTURE, KIDNAPPING, AND REVENGE IN MODERN JAPAN” now available on Amazon and NOOK for download. USD $9.99

In Appropriate cover

My first nonfiction novel that came out two years ago, IN APPROPRIATE is the story of a person who emigrates to Japan, finds his niche during the closing days of the Bubble Years, and realizes that he has married into a locally-prominent family whose interests conflict with his. The story is an amalgam of several true stories of divorce and child abduction in Japan, and has received great praise from Left-Behind Parents for its sincerity and authenticity.

See contents, reviews, a sample chapter, and links to online purchasing outlets at https://www.debito.org/inappropriate.html

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

Thanks for reading and perhaps purchasing!  Arudou Debito

ENDS

eBook GUIDEBOOK for RELOCATION and ASSIMILATION to JAPAN now on sale, US $19.99 or local currency equivalent

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Hello Blog.  I’m very pleased to announce the publication of my latest downloadable eBook:

Arudou Debito’s GUIDEBOOK for RELOCATION and ASSIMILATION into JAPAN (eBook for Amazon and NOOK, 2013)

rsz_finished_book_coverB&N

Price: $19.99 or local currency equivalent at Amazons worldwide (available also from Amazon Japan here currently for JPY 1979).  Also at Barnes & Noble for NOOK.

Here’s GUIDEBOOK’s synopsis:
=======================================
Are you interested in living in Japan? Not visiting as a tourist — actually living in Japan with a secure visa and a stable job. Would you like to set up your own business and found your own corporation? Or understand how Japan’s salary system or health insurance works? What Japan’s minimum labor standards are, and the legal differences between part-time and full-time employment? How to write a Last Will and Testament in Japan, or hold a culturally-sensitive funeral? Or would you like to give something back to Japan’s civil society by founding your own non-profits or NGOs?How about getting some advice on how to deal with some unexpected problems, such as handling workplace disputes, dealing with police, going to court, even going through a divorce? 

Would you like to become a Permanent Resident or even a Japanese citizen?

GUIDEBOOK will offer information on all this and more. Written by 25-year resident and naturalized Japanese citizen Arudou Debito, GUIDEBOOK’s information has been called “the fullest and consequently the best” by Japan Times Book Reviewer Donald Richie, and garnered praise from other Japan specialists such as John Lie, Jeff Kingston, and Alex Kerr.

GUIDEBOOK has been newly updated for 2013, to include the 2012 reforms to Japan’s Immigration Laws. Now for the first time in eBook format, GUIDEBOOK is here to help you with nuts-and-bolts advice to establish a good life in this wonderful country, Japan!
=======================================

GUIDEBOOK has been completely updated for 2013.  Similar information is available in English and Japanese at https://www.debito.org/handbook.html

Get a copy if you’re interested! On sale from yesterday, it’s already at this writing #9 on Kindle nonfiction eBooks on Japan.  Thanks everyone!  ARUDOU Debito

RocketNews: Automatic PR Status awarded to grads of Kyoto universities? Positive proposal by Kyoto Governor that will come to naught

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Hi Blog.  Here’s something interesting.  It will come to naught, of course, but it shows how local governments are much more responsive to the needs of NJ than the central government (which is dominated by the control-the-borders-and-police-foreigners-only mindset of the Ministry of Justice).  Although the central government occasionally deigns to listen to the locals (especially when they band together and say, “Our NJ residents need this!” as per the Hamamatsu Sengen of 2001), ultimately the regular blind spots prevail, and I think they will in this case too (as awarding Permanent Residency is the job of the MOJ, not local governments).  Arudou Debito

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

Japanese Permanent Resident Status to be Awarded to Overseas Students? A New Appeal by the [Governor] of Kyoto
RocketNews24, April 15, 2013 by Andrew Miller, courtesy of JK and others
http://en.rocketnews24.com/2013/04/15/japanese-permanent-resident-status-to-be-awarded-to-overseas-students-a-new-appeal-by-the-mayor-of-kyoto/

On April 10, the [Governor] of Kyoto Keiji Yamada made public his intentions to appeal to the government to award overseas students who graduate from Kyoto [universities] with the right to permanent residence. It is a proposal entitled ‘Kyoto University Special Ward’ and also incorporates other supportive measures for foreign students. With a decrease in student intake within Japan in recent years, it is hoped that by providing incentives for academically skilled overseas students, Kyoto will not only be able to compete with other cities like Tokyo but will also be able to add a new lease of life to its cultural city.

The plan to introduce incentives for overseas students came to light after The Japanese Business Federation and Kyoto’s prefecture office held a panel discussion on how to revive the town. The same prefecture estimated that due to decrease in birth rates, the number of students enrolling in university was also likely to see a significant decrease in years to come. Looking at the birth rate statistics from 2011, it is predicted that the 160,000 students currently residing in Kyoto will see a 25,000 student decrease in the future.

On the other hand, the number of overseas students currently residing in Kyoto is 6,000. According to research carried out by Kyoto Prefecture, several universities in Singapore have over a 60 percent foreign student uptake. What’s more, the same students are awarded the right to permanent residence upon graduating. Singapore is no doubt leading the way in attracting, and fostering, talent from abroad.

At the same panel discussion, Kyoto’s [Governor] was enthusiastic about providing an environment like Singapore in which to support foreign students with finding employment after graduation, and nurturing talent through education.

With air of conviction, Kyoto’s [Governor] put his proposition to the panel:

“What I’d like to ask you to consider is whether overseas students who graduate from Kyoto [universities] and take part in the city’s job training program can be given permanent resident status. I’d like to work with everyone in producing an effective policy.”

It is reported that at the end of the discussion all the parties were keen to provide a fertile ground in which to foster a “University utopia” and backed the mayor’s proposal. Kyoto Prefecture is set to cooperate with the parties concerned and appeal to the government to put this measure in place during the year.

ENDS

Original article linked from RocketNews:

京の留学生に永住権を 府が「大学生特区」提案へ
京都新聞 4月10日(水)
http://headlines.yahoo.co.jp/hl?a=20130410-00000024-kyt-l26

京都府の山田啓二知事は10日、京都の大学を卒業した留学生に対し、永住権が申請できる資格を付与するなどの支援策を盛り込んだ「京都大学生特区」を国に提案する方針を明らかにした。国内の学生が減るなか、世界から優秀な学生を取り込んで都市間競争に勝ち残り、地域の活性化を図りたい考え。

京都経済同友会と府庁(京都市上京区)で行った「大学のまち・京都」を考える懇談会で明らかにした。

府によると、2011年生まれの人の大学入学推計は、出生数の減少で、11年に入学した人に比べ17・2%減になる見込みで、京都でも現在約16万人いる学生数が約2万5千人減る計算になるという。一方、京都の大学の留学生は現在、約6千人。府の調査では、シンガポールには学生の3分の2を留学生が占める大学があり、卒業後には永住権が与えられる。留学生の獲得で先行しているという。

山田知事は同友会から、オール京都体制での人材育成策や留学生の生活・就職支援を求めた提言書を受け取り、「京都の大学を卒業して、オール京都でやった職業訓練コースを受けた人には永住権の申請ができるぐらいの便宜を(留学生に対し)はかってもらえないか。(経済団体の)みなさんとともに、思い切った施策を打っていきたい」と話した。

府や京都市、京都大、経済団体などのトップでつくる「京都の未来を考える懇話会」は、税制優遇や研究・起業支援などが柱の「大学ユートピア特区」を提唱しており、府は今後、関係団体と連携して本年度中にも国に特区申請を行う予定。

ENDS

New book: “Human Trafficking Around the World: Hidden in Plain Sight” by Hepburn & Simon (Columbia UP, 2013). Includes Japan.

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Hi Blog.  After using the resources and contacts of Debito.org, the author of the following book, Stephanie Hepburn, contacted me two days ago to say that her research on worldwide human trafficking, including Japan, has just been published by Columbia University Press.  I am pleased to notify Debito.org Readers as follows:

HepburnHumanTraffcover

Human Trafficking Around the World: Hidden in Plain Sight
By Stephanie Hepburn and Rita J. Simon
Purchase links:

Columbia University Press: http://cup.columbia.edu/book/978-0-231-16144-2/human-trafficking-around-the-world
Amazon: http://www.amazon.com/Human-Trafficking-Around-World-Hidden/dp/023116145X
Barnes and Noble: http://www.barnesandnoble.com/w/human-trafficking-around-the-world-stephanie-hepburn/1113895525

Published by Columbia University Press, this unprecedented study of sex trafficking, forced labor, organ trafficking, and sex tourism across twenty-four nations highlights the experiences of the victims, perpetrators, and anti-traffickers involved in this brutal trade. Combining statistical data with intimate accounts and interviews, journalist Stephanie Hepburn and justice scholar Rita J. Simon create a dynamic volume sure to educate and spur action.

Among the nations examined is Japan, which has not elaborated a comprehensive anti-trafficking law. Although the government took a strong step forward in its 2009 Action Plan to Combat Trafficking in Persons by acknowledging that sex trafficking is not the only form of human trafficking, forced-labor victims continue to be marginalized. As a result of ethnocentric policies, the government prohibits foreign unskilled laborers from working in Japan. But the disparity between the nation’s immigration posture and its labor needs has created a quandary. With a demand for inexpensive labor but without an adequate low wage labor force, Japan uses the government-run Industrial Training Program and Technical Internship Program to create a temporary and low-cost migrant workforce for employers. The stated purpose of the program is to transfer skill, technology, and knowledge to persons of other nations and thereby play a central role in the economic growth of developing nations, specifically those in East Asia. Instead, it has created opportunities for exploitation and human trafficking.

“I recommend this comprehensive study to anyone wanting to understand the fight against the modern day slave-trade. The book stands apart by augmenting nation by nation accounts of trafficking realities with critiques of existing local anti-trafficking measures and consideration of local obstacles. Supported by diverse sources, the authors set forth clear policy recommendations to combat trafficking.”—Lori J. Johnson, staff attorney, Farmworker Unit, Legal Aid of North Carolina

“This volume demonstrates ways that global migration policies and programs facilitate human trafficking by focusing on enforcement rather than promoting uniform labor standards. Its broad focus help readers compare practices between countries and understand the transnational impact of national legislation and policies on human trafficking around the globe.”—Gretchen Kuhner, author of the American Bar Association’s Human Trafficking Assessment Tool Report

“Stephanie Hepburn and Rita J. Simon demonstrate that economics, geography, civil unrest, societal inequality, and gender disparities play a major role in how trafficking manifests itself.”—Christa Stewart, New York State Office of Human Trafficking, Office of Temporary Disability Assistance

“Stephanie Hepburn and Rita J. Simon delve beneath the surface of policies and legislation within the various countries they study by involving those who are involved at a grassroots level and have come up with a fascinating account of these practices.”—Carol Bews, assistant director, Johannesburg Child Welfare Society

Stephanie Hepburn is an independent journalist whose work has been published in Americas Quarterly, USA Today U-Wire, Gender Issues, and the New Orleans Times-Picayune.

Rita J. Simon is a University Professor in the School of Public Affairs and the Washington College of Law at American University in Washington, D.C.

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

I have not read the book yet, but it looks to be an important work and am pleased to tell you about it.  Arudou Debito

ENDS

New eBook: “JAPANESE ONLY: The Otaru Onsens Case”, 10th Anniv Edition with new Intro and Postscript, now on Amazon Kindle and B&N Nook $9.99

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Hi Blog.  I am pleased to announce the eBook release of my book “JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japan” Tenth Anniversary Edition, available for immediate download for Amazon Kindle and Barnes & Noble NOOK.

The definitive book on one of Japan’s most important public debates and lawsuits on racial discrimination, this new edition has a new Introduction and Postscript that updates the reader on what has happened in the decade since JO’s first publication by Akashi Shoten Inc.  A synopsis of the new book is below.

You can read a sample of the first fifteen or so pages (including the new Introduction), and download the ebook at either link:

Price:  $9.99 (a bargain considering JO is currently on sale on Amazon Japan used for 3100 yen, and at Amazon.com used for $390.93!), or the equivalent in local currency on all other Amazons (935 yen on Amazon Japan).

If you haven’t read JO yet (as clearly some media presences, like TV Tarento Daniel Kahl or decrier of “bathhouse fanatics” Gregory Clark, have not; not to mention “My Darling is a Foreigner” manga star Tony Laszlo would rather you didn’t), now is a brand new opportunity with additional context.  Here’s the Synopsis:

SYNOPSIS OF THE TENTH ANNIVERSARY EDITION OF eBOOK “JAPANESE ONLY”

If you saw signs up in public places saying “No Coloreds”, what would you do? See them as relics of a bygone era, a la US Segregation or South African Apartheid? Not in Japan, where even today “Japanese Only” signs, excluding people who look “foreign”, may be found nationwide, thanks to fear and opportunism arising from Japan’s internationalization and economic decline.

JAPANESE ONLY is the definitive account of the Otaru Onsens Case, where public bathhouses in Otaru City, Hokkaido, put up “no foreigners allowed” signs to refuse entry to Russian sailors, and in the process denied service to Japanese. One of Japan’s most studied postwar court cases on racial discrimination, this case went all the way to Japan’s Supreme Court, and called into question the willingness of the Japanese judiciary to enforce Japan’s Constitution.

Written by one of the plaintiffs to the lawsuit, a bilingual naturalized citizen who has lived in Japan for 25 years, this highly-readable first-person account chronologically charts the story behind the case and the surrounding debate in Japanese media between 1999 and 2005. The author uncovers a side of Japanese society that many Japanese and scholars of Japan would rather not discuss: How the social determination of “Japanese” inevitably leads to racism. How Japan, despite international treaties and even its own constitutional provisions, remains the only modern, developed country without any form of a law against racial discrimination, resulting in situations where foreigners and even Japanese are refused service at bathhouses, restaurants, stores, apartments, hotels, schools, even hospitals, simply for looking too “foreign”. How Japan officially denies the existence of racial discrimination in Japan (as its allegedly homogeneous society by definition contains no minorities), until the Sapporo District Court ruled otherwise with Otaru Onsens.

JAPANESE ONLY also charts the arc of a public debate that reached extremes of xenophobia: Where government-sponsored fear campaigns against “foreign crime” and “illegal foreigners” were used to justify exclusionism. Where outright acts of discrimination, once dismissed as mere “cultural misunderstandings”, were then used as a means to “protect Japanese” from “scary, unhygienic, criminal foreigners” and led to the normalization of racialized hate speech. Where even resident foreigners turned on themselves, including Japan Times columnist Gregory Clark’s repeated diatribes against “bathhouse fanatics”, and future “My Darling is a Foreigner” manga star Tony Laszlo’s opportunistic use of activism to promote his own agenda at the expense of the cause. Where the plaintiffs stay the course despite enormous public pressure to drop the lawsuit (including death threats), and do so at great personal risk and sacrifice. Remaining in print since its first publication in 2003, JAPANESE ONLY remains a testament to the dark side of race relations in Japan, and contains a taut story of courage and perseverance in the face of seemingly insurmountable odds.

Now for the first time in ebook format, this Tenth Anniversary Edition in English offers a new Introduction and Postscript by the author, updating the reader on what has changed, what work remains to be done, and how Japan in fact is reverse-engineering itself to become more insular and xenophobic in the 2010s. Called “a reasoned and spirited denunciation of national prejudice, discrimination, and bigotry” (Donald Richie, legendary Japanologist), “clear, well-paced, balanced and informative” (Tom Baker, The Daily Yomiuri), “a personal and fascinating account of how this movement evolved, its consequences and how it affected those who participated in it” (Jeff Kingston, The Japan Times), and “the book of reference on the subject for decades to come and should be required reading for anyone studying social protest” (Robert Whiting, author of You’ve Gotta Have Wa), JAPANESE ONLY is a must-read for anyone interested in modern Japan’s future direction in the world and its latent attitudes towards outsiders.

More reviews at https://www.debito.org/japaneseonly.html
ends

Good news: Rightist sentenced to a year in jail for harassing company using Korean actress in their advertising

mytest

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Hi Blog.  A bit of good news.  A member of a nasty Rightist group was sentenced to a year in jail for harassing a Japanese company for using a Korean actress in its advertising.  That’s hopeful, as we are seeing examples of xenophobia in Japan going beyond internet and political-arena bile (as well as signposted exclusionism) and into the street for race-bating and interpersonal confrontation.  Without some kind of brake like this court decision, it’s only a matter of time before somebody goes too far and we have race riots in Japan.

I would have liked to have seen a little more detail in the article below about the timeline of the harassment.  I can speak from personal experience that it can take a year or more between an event and a conclusive court decision in Japan, so how responsive is Japan’s judiciary being here?  Also, note that this case is not punishing somebody for hate speech against an ethnic group or a person in Japan — it’s protecting a Japanese company against threatening behavior, a bit different.  I will be more reassured when we have a (similarly criminal, not civil) case involving arrest, prosecution, and jail time for an individual threatening an individual on the grounds of his/her ethnicity/national origin.  But I don’t think that will happen under the current legal regime, as “the government does not think that Japan is currently in a situation where dissemination of racial discriminatory ideas or incitement of racial discrimination are conducted to the extent that the government must consider taking legislative measures for punishment against dissemination of racial discriminatory idea, etc. at the risk of unjustly atrophying lawful speech…

That assessment was made by the MOFA to the UN more than a decade ago.  Given what I see are xenophobic tidings in Japan these days, I think it’s time for an update.  Arudou Debito

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

Nationalist sent to jail after harassing company using Korean actress in advertising
By Adam Westlake / December 18, 2012 / Courtesy JK
http://japandailypress.com/nationalist-sent-to-jail-after-harassing-company-using-korean-actress-in-advertising-1820111

A court in Japan has sentenced an extreme nationalist to one year in jail after he began a hate-based harassment campaign against a Japanese company that used a popular South Korean actress in its magazine and television advertising. The situation peaked when 44 year old Hitoshi Nishimura, along with three other men, forced their way into the Osaka headquarters of the pharmaceutical firm and demanded to know why the company was using someone with an anti-Japanese background.

Nishimura said the actress Kim Tae-Hee was a South Korean activist herself when he entered the Rohto Pharmaceutical building and began making angry threats. He stated Kim participated in activities that asserted Seoul’s claims over the disputed Dokdo / Takeshima Islands, which are located in between Japan and South Korea, and have been the source of tensions for decades. In video footage of the intrusion, Nishimura is seen as yelling at the company’s officials and claiming to represent “angry Japanese throughout the country.”

The court sentenced Nishimura to a one-year jail term for making threatening acts, but no information has been released on the other three men. While somewhat overshadowed by the eruption of escalating tensions between China and Japan, the latest round of the territorial dispute with South Korea was kicked off in August when President Lee Myung-Bak made an unexpected visit to the islands. This resulted in protest from the Japanese government, as well as back-and-forth displays of nationalism on both sides. In one example, a group of South Korean swimmers, including a celebrity athlete, swam in a relay to the islands. Vocal groups in Japan began criticizing television broadcasters that showed Korean dramas, and even recently Korean pop-music acts have been left out of events and getting less airtime.

[via My Sinchew]

ENDS

2nd Edition of HANDBOOK FOR NEWCOMERS, MIGRANTS, & IMMIGRANTS to Japan on sale Dec 2012, updated

mytest

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Hi Blog. I’m very happy to announce that at long last (it takes a number of months to get things through the publishing pipeline), the Second Edition of HANDBOOK FOR NEWCOMERS, MIGRANTS AND IMMIGRANTS TO JAPAN goes on sale in December 2012.

This long-selling bilingual guide to life in Japan, co-authored with legal scrivener Akira Higuchi, has assisted thousands of readers and engendered rave reviews. Its goal has been to assist people to live more stable, secure lives in Japan, and walks the reader through the process of securing a better visa, getting a better job (even start one’s own business), troubleshooting through difficult situations both bureaucratically and interpersonally, establishing one’s finances and arrangements for the next of kin, even giving something back to Japanese society. It is a one-stop guide from arrival in Japan through departure from this mortal coil, and now it has been updated to reflect the changes in the Immigration and registry laws that took place in July 2012.

A table of contents, excerpt, and more details on what’s inside and how you can get the book here. Those rave reviews here.

Get ready to get yourself a new copy! Arudou Debito

(Oh, and my Japan Times JBC column has been postponed a week due to a major scoop this week that will fill the Community Page…)

Ishihara resigns Tokyo Governorship, seeks Diet seat as new party head. I say bring it on.

mytest

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Hi Blog.  Something very important happened a few days ago when Tokyo Governor Ishihara Shintaro made a surprise announcement that he would resign his governorship, launch a new political party, and run for a Diet seat in the next Lower House election due in two months.

I say bring it on.  This xenophobic old bigot (now 80) has fallen for one of the oldest tricks in the book:  self-delusion, brought on by decades of megalomania and ideological sound-chambering within a cadre of sycophants — which Alberto Fujimori (an old friend of Ishihara and his elite ruling circles) similary fell for when the self-deluded demagogue buggered off back to Chile (forfeiting his unextradictable safe haven in Japan) to stand for reelection in Peru.  Fujimori, as you know, was then extradited to Peru for trial and is now doing essentially life in prison.  But I digress.

I say bring it on for two reasons.  One is that even if elected (which he will be, under Japan’s Proportional Representation system — the main avenue for celebrity schmoes to pad their resume and stroke their egos), Ishihara can do less damage as a Dietmember of a fringe party (analysts already are beginning to doubt the strength of the Rightist alliance between other fringe parties) than as Governor of Tokyo, with an entire Metropolitan Police Force (the strongest and most influential in all of Japan) at his disposal to target people he doesn’t like.  One of the reasons he says he resigned his Diet seat in 1995 after 25 years in office is because of his frustration with the powerlessness of the Diet in the face of the pervasive Japanese bureaucracy (which, as he correctly claims, rules the country).  Now he’s going right back to that same Diet, and I think he thinks he’ll stop at nothing short of becoming PM (He won’t.  He won’t live long enough.  Osaka Mayor Hashimoto is the bigger threat at half the age.)

The other reason is because it’s time to put some cards on the table.  The Center-Left in Japan (in the form of the DPJ) tried their liberalizations (with NJ PR local suffrage, etc.) and lost badly due to the hue and cry over how NJ, if given any power in Japan, would automatically abuse it and destroy Japan).  The image in Japanese politics nowadays is of a rightward swing.  Alright, let’s see just how rightward.  Japan’s bureaucrats like things just the way they are (their sole purpose is to keep the status quo as is, even if that means Japan irradiates itself and strangles itself to death demographically).  It would take a miracle (something I think not even Ishihara is capable of) to dismantle that system.  If Ishihara wins, Japan’s rightward swing is conclusive, and the world will have to stop ignoring a resurgent militarist xenophobic Japan.  If Ishihara loses, that will take a lot of wind out of Rightist sails and push the country back towards centrism.

In this poker game, I believe Ishihara will lose.  And NJ in Japan have already won a victory by having that bigot abdicate his throne/bully pulpit as leader of one of the world’s largest cities.

The clock is ticking, Ishihara.  How much more time you got?  Do your thing and then shuffle this mortal coil.  Arudou Debito

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

The Japan Times, Friday, Oct. 26, 2012
Ishihara to resign, form new political party
Outspoken nationalist says he wants to take his case countrywide
By MIZUHO AOKI Staff writer

In a surprise move, Tokyo Gov. Shintaro Ishihara announced Thursday he will resign and return to the national arena by launching a new political party that can battle the Democratic Party of Japan and Liberal Democratic Party in the next Lower House election.

Later in the day, Ishihara submitted his letter of resignation to the chairman of the Tokyo Metropolitan Assembly, in effect giving 30 days’ notice. However, he can leave office earlier if the assembly gives its approval. The election to replace him will be held no more than 55 days from Thursday.

The 80-year-old former author said he would launch the party with Diet members later in the evening, and he plans to run in the next Lower House election on the proportional representation segment of the ballot.

Ishihara said he will be the leader of the new party, which is expected to include members of Tachiagare Nippon (Sunrise Party of Japan). He said at least five Diet members, the minimum required to be recognized as a national political party under election laws, will join up with him.

How much influence the party will have on the national level remains to be seen.

Ishihara was once regarded as a key player in a possible realignment of existing political parties, but public attention shifted to Nippon Ishin no Kai (Japan Restoration Party) led by Osaka Mayor Toru Hashimoto, who has gained popularity among voters frustrated with the DPJ and LDP.

Ishihara said he wants to cooperate with Nippon Ishin no Kai but didn’t elaborate.

Rest of the article at http://www.japantimes.co.jp/text/nn20121026a1.html

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

The Japan Times, Saturday, Oct. 27, 2012
ANALYSIS
Ishihara-Hashimoto tieup seen as difficult
Hawkish allies share nationalist bent but differ on nuclear future
By ERIC JOHNSTON and NATSUKO FUKUE, Staff writers

Tokyo Gov. Shintaro Ishihara’s announcement Thursday that he is resigning to form a new national party marks the first step in his final major political push.

But one of Ishihara’s key assumptions, that his new party will team up with Osaka Mayor Toru Hashimoto’s Nippon Ishin no Kai (Japan Restoration Party), remains problematic due to unresolved differences, especially on the future of nuclear power.

Ishihara, 80, and Hashimoto are close personally and have long hoped to form a third political force able to challenge the ruling Democratic Party of Japan and the Liberal Democratic Party. But political experts say the influence Ishihara’s envisioned party would wield in Nagata-cho could be far more limited.

Rest of the article at http://www.japantimes.co.jp/text/nn20121027a1.html

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

Japan Times Editorial of October 28, 2012 on this issue here.

ENDS

“From the Shadows” documentary on Japan’s child abductions debuts in Philly Film Festival Oct 23 & 27, tickets on sale now

mytest

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Hi Blog.  Great news.  A movie that has been close to a decade in the making is finally hitting the silver screen:  A documentary on child abductions after divorce in Japan (something I have personal experience with; I was interviewed regarding the Murray Wood Case six years ago; the documentary project has since expanded into something much, much bigger and my interview got cut.  Ah well, DVD extras…?).  Directors David Hearn and Matt Antell have this to say:

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

From The Shadows, a documentary film about Parental Child abduction in Japan, will premiere at the Philadelphia Film Festival on October 23rd and October 27th. This film follows the lives of 5 “Left Behind Parents” trying desperately to reconnect with their children after having their child-parent relationship cut by the other parent. Through their individual stories we examine why this situation is so common in Japan and hear opinions from an array of experts on the situation. The film has had work-in-progress screenings on Capitol Hill (Nov. 2011) and in Tokyo (Apr. 2012) that was attended by the foreign ministry and several embassy reps.
The screening venues and times for the Philadelphia Film Festival are:

1. Tuesday October 23rd, 5:00 pm  – Prince Music Theater – 1412 Chestnut Street  Philadelphia, PA 19102
2. Saturday October 27th 7:35 pm  – Ritz East – 125 South Second Street  Philadelphia, PA 19106

First go to this link: http://filmadelphia.festivalgenius.com/2012/films/fromtheshadows0_mattantell_filmadelphia2012
 
Then go to the bottom of the screen and make sure you select the screening(s) you want to attend and proceed through to payment.

We hope you can attend one or both screenings. There will be a Q and A session after each screening and a reception after the 27th screening. More information on the film and the trailer can be seen at www.fromtheshadowsmovie.com

Please contact David at david@fromtheshadowsmovie.com for more information.

//////////////////////////////////
Congrats, guys.  I’m nowhere near Philly, but those who are, please consider attending!  Wish I could be there!  Hope it gets picked up by a distributor!  Arudou Debito

Success, of a sort, as a “Gaijin Mask” maker amends their racist product to “Gaikokujin Masks”. Same racialized marketing, though.

mytest

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Hi Blog.  Been doing some writing and inserting into my research the definition of “gaijin” in Japan in terms of marketing.  You might remember this little tidbit from Debito.org, March 25, 2009:

Well, when I was looking up the maker and sales price on Amazon Japan last night, guess what I discovered.  The product has now been changed, as of August 2012:

Note the stereotypical racialized characteristics for both “dokkiri” party goods include large a large nose, blue eyes, cleft chin, blond hair, “Hollywood smile,” and grand gesticulations.  The default language for the “foreigner” (as seen by the harō and ha-i!) is English (if not katakana Japanese for the desu copula).  However, “gaijin” has been adjusted to “gaikokujin” (as if that makes the commodification of racism all better).

Note also that even though this apparently has been a recent change (information was received by Amazon Japan only last month), it’s suddenly “currently unavailable” and “can not be shipped outside Japan“.  (I wonder if anyone looking at the product with an IP in Japan is also unable to purchase it.)  See screen capture here:

(Screen capture as of September 22, 2012.)

Same thing with the racialized Little Black Sambo dolls I found on Amazon Japan last night (which have been on sale since shortly after unbook Little Black Sambo was resuscitated in Japan, extending racism into the next generation):  It’s also “currently unavailable.”  And anyway not for sale outside of Japan.  So methinks the producers are well aware that they could get in trouble if marketed to an overseas audience.  But no matter — there’s money to be made here — who cares if the product is racialized when the domestic market from childhood thinks racism of this sort is unproblematic? (Moreover believes it only goes one way — given the Perpetual Victim Complex, Japanese are more likely to be the victims of racism than the perpetrators of racism, of course.)

Anyway, I think Debito.org can claim credit for the “gaijin” => “gaikokujin” change.  Who else is covering this issue and archiving it?  I have the feeling that they saw it (as news anchor Kume Hiroshi did back in 2006, when he apologized ten years later for an obnoxious remark he made on national TV about “gaijin” back in 1996) and felt embarrassed enough to make some adjustments.  Not embarrassed enough to take it off the market, of course (as Mandom did their racist product back in 2005).  But we’re working on that.

Thanks for your support, everyone.  Arudou Debito

UPDATE Sept 24:  Here are a couple more, courtesy of the same company (thanks Debito.org Readers):  The “Kurohige Gaijin-san” (beard seems to be chiseled to look a bit like Tony “Darling Foreigner” Laszlo‘s comic character) and the “Hana Megane Gaijin-san.”  

http://www.kk-jig.com/products/orderno_6156/

http://www.kk-jig.com/products/orderno_6084/1/

However, the packaging for the Gaijin Beard mask is significantly different if you find it on the store shelves.  The image is less Tony Laszlo, more mullah.  Courtesy of DMG, taken at Tokyu Hands Shibuya, September 23, 2012.

Funny how the mullah glasses even have UV protection…

Yomiuri: Iwate town sponsors Vietnamese future doctor — and people reportedly react with trepidation

mytest

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Hi Blog.  In light of how NJ nurses under a national visa program have been treated in the face of a chronic careworkers shortage, here we have a case where even local sponsorship of a NJ doctor is also viewed (according to the Yomiuri, which may indeed in the interest of “balance” be conjuring up a tempest in a teapot) with suspicion because she is a foreigner.  After all, she might not stay!  Then again, so might not anyone else being trained on that scholarship program regardless of nationality.  Ah, but foreigners are different, you see.  They always represent a flight risk…  Anyhoo, good news tainted with an editorial bias of caution and trepidation just because the subject is NJ.  Arudou Debito

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

Town turns to Vietnam for future doctor
The Yomiuri Shimbun (Jun. 23, 2012), courtesy of JK
http://www.yomiuri.co.jp/dy/national/T120622004307.htm

ICHINOHE, Iwate — Facing a serious and chronic shortage of doctors, the town of Ichinohe felt it necessary to look overseas to find medical staff willing to live and work in the rural area.

The town plans to spend more than 10 million yen on school and living expenses for a Vietnamese woman on the condition that she will practice medicine in the town for at least seven years after obtaining her license.

The unusual plan raised eyebrows when the town ran it by the Health, Labor and Welfare Ministry, and some residents have questioned why the town is sponsoring a foreigner.

However, Ichinohe Mayor Akira Inaba believes the unprecedented plan is just what the town needs.

“The scholarship program for Japanese medical students hasn’t attracted enough applicants to meet its quota,” he said. “We have no other choice but to secure our doctors on our own.”

The foreign student the town plans to sponsor is 18-year-old Luu Hong Ngoc, who will graduate this month from Vietnam National University’s High School for the Gifted in Ho Chi Minh City. The school is one of Vietnam’s most prestigious.

Inaba visited Ho Chi Minh City after a local sewing plant began accepting Vietnamese vocational trainees. Ngoc’s grandmother served as the mayor’s interpreter in Ho Chi Minh City, and told him that her granddaughter hoped to become a doctor overseas.

Inaba asked to see Ngoc’s school transcript and requested other information about her. Her records showed her to be a qualified and enthusiastic student, and after receiving a letter of recommendation from Ngoc’s school, the town decided to invite her to Japan.

Municipalities in Iwate Prefecture run a joint scholarship program to support medical students, which Ichinohe participates in. The scholarship provides each student with 200,000 yen a month and pays a lump sum of up to 7.6 million yen when the recipient enters medical school.

However, for several years the scholarship has failed to fill its quota. The program also provides no guarantee the recipient will work in Ichinohe after receiving a medical license.

These difficulties are what pushed the town to decide to independently fund Ngoc’s medical education.

The entire process will take eight to 10 years and cost 10 million yen to 20 million yen. In return, the town will receive a pledge from Ngoc to work for at least seven years at the town’s prefectural hospital.

The town plans to allocate funds for Ngoc’s costs for this fiscal year in a supplementary budget to be submitted in September.

Inaba said Ngoc’s grandmother, who learned Japanese in Moscow, is “Japan’s No. 1 fan in Vietnam.”

The town has heard that Ngoc is telling people she plans to study other subjects besides the specialized course to help her become a better doctor.

Ngoc is scheduled to come to Japan by the end of the year. In the spring, she will begin studying for the medical school entrance exam at a national university while learning Japanese at a vocational school in Morioka.

However, some residents and members of the town assembly have raised concerns about the plan, such as what would happen if Ngoc decided to return to Vietnam before finishing the course, or why the town is sponsoring a Vietnamese person in the first place.

The town government has said it will take steps so the money will have to be returned if Ngoc does not fulfill the work agreement, possibly through a contract.

Ichinohe, population 14,000, has a prefectural hospital and four internal medicine clinics, with a total of 18 full-time doctors.

However, many people must visit hospitals in Morioka, about 100 kilometers away, because local facilities lack obstetrics and outpatient ophthalmology departments.

“I hope what we do will draw attention to the lack of doctors in rural areas,” Inaba said. “We’ll keep looking for more talented young people in Vietnam.”
ENDS

Hurrah, the separate Alien Registration System is abolished after 60 years. Now let’s consider the GOJ give & take regarding tracking NJ under this policy

mytest

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Hi Blog. After many years of bureaucratic policy trial balloons and lots of advance warning, July 9, 2012 has finally come to pass, and the longstanding Alien Registration System, promulgated in 1952 to help the GOJ keep track of the pesky aliens (mostly former citizens of the Japanese Empire who were stripped of their Japanese citizenship) who wouldn’t go back to “their country” (staying on in Japan as Zainichi, generational “foreigners” born in Japan to this day), has been abolished sixty years later. In its place, NJ are now registered on Japan’s juuminhyou Residency Certificatesclosing up a ludicrous system where only citizens could be registered as “residents” (juumin) despite paying Residents’ Tax (yup, juuminzei), and teeth-grindlingly stupid moves such as local governments giving animals and fictional characters their own honorary “juuminhyou” despite untaxable status.  Now NJ can also now be listed with their Japanese (and non-Japanese) families properly as family members and heads of household (no longer excluded even from local population tallies for not being listed in the juumin kihon daicho). Finally, closure to that. Good riddance.

That said, the new system also includes new Gaijin Cards (Zairyuu Kaado), which are higher-tech versions (I say remotely trackable due to the RFID technology inside, by design; see below) and still required under criminal law to be carried 24-7 under penalty of search, seizure, and possible incarceration for a week or three. That hasn’t changed. In fact I would now argue it’s gotten worse — since Japanese citizens (even if computer chip technology has also been introduced into J driver licenses and passports, which not all Japanese get anyway) are not required by law to carry any ID whatsoever at all times. Some historical links regarding the true intention of the ZRK (tracking and control of untrustworthy NJ, not convenience for them as is generally sold) follow.

Japan Times IC Chip Gaijin Card Pt 3: View of Bureaucrats: Control of NJ at all costs

Japan Times May 20, 2009: “IC you: Bugging the Alien” article on new Gaijin Cards

Bus. consortium to track Ginza shoppers, then IC Gaijin Cards?

Kyodo: GOJ proposes GPS tracking of criminals. SITYS.

Mysterious Asahi translation: “IC cards planned to track ‘nikkeijin’”

Japan Times on Japan’s emerging NJ policing laws. Nichibenren: “violation of human rights”

Follow-up: More on fingerprinting, tracking people electronically, and RFID technology

New Japanese driver licenses now have IC Chips, no honseki

Alright, I’ll paste some articles below and let’s see what the media has made of this. Feel free to tell us how the changes have been affecting you as well. Arudou Debito

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Alien system ends; foreigners to be issued resident cards
The Yomiuri Shimbun (Jul. 10, 2012), courtesy of JT
http://www.yomiuri.co.jp/dy/national/T120709004610.htm

A new management system for foreign residents in Japan started Monday. As part of the changes, the previous alien registration system will be abolished and a new resident card will be issued to foreign residents in Japan.

The new system is designed to reduce the number of foreign residents staying in Japan illegally and to be more convenient for bona fide foreign residents.

In the previous alien registration system that began in 1952, local municipalities issued alien registration certificates to foreign residents without examining their resident status. This enabled foreigners staying in Japan illegally to obtain the certificates.

Under the new system, the Justice Ministry will issue a resident card to foreign residents, excluding certain people such as diplomats, who have been granted a status of residence in Japan with a period of stay for more than three months. The card will hold information that includes the name, nationality, date of birth and address of the cardholder.

For special permanent residents such as Korean residents in Japan, a special permanent resident certificate will be issued instead of a resident card.

The period of stay limit for foreign residents has been extended from three years to five years. Under the new system, people leaving Japan will not be required in principle to obtain a re-entry permit if they hold a passport and a resident card and return to Japan within a year and before their period of stay expires.

Foreigners with a resident card or a special permanent resident certificate are included in the national resident registry and they will be able to obtain a copy of their certificate of residence from their local municipality.

On the other hand, those who stay in Japan illegally will not be included in the registry. This could prevent them from obtaining administrative services including education services and medical assistance because local municipalities will not be able to obtain necessary information, such as their address.
ENDS
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The Japan Times Tuesday, July 10, 2012
Re-entry permits soon consigned to history
Foreigners flock for new residence IDs
By MINORU MATSUTANI Staff writer

A large number of foreign residents flocked to the Tokyo Regional Immigration Bureau on Monday, the first day it is issuing new “zairyu,” or residence, cards to replace alien registration cards.

At 8:30 a.m., more than 100 people had lined up for the applications to obtain a new card, an official at the center in Minato Ward said.

Those who arrived at around 8 a.m. had to wait about two hours. People who didn’t bring a head shot measuring 4 cm by 3 cm also had to line up at the photo booths.

Eight regional bureaus, six district immigration offices and 63 branch offices across the nation are now issuing the residence card. Applicants can go to a bureau or office, fill out the application form and receive the card the same day.

“I feel like a part of society,” Yang Chunying, 52, a Chinese national, said after receiving her residence card at the Tokyo bureau. “I am glad to have the card because things will be more convenient.”

The new immigration control system that began Monday has unified the administrative work on foreign residents under the Immigration Bureau.

While some fear that controls on non-Japanese will be tightened, the government has made it more convenient for law-abiding foreigners by extending visa lengths to five years from the current three, and eliminating the requirement to obtain a re-entry permit before leaving Japan for any period less than a year.

The system is designed to be tougher on illegal residents, however.

Such people have been receiving various public services because municipalities usually don’t care about who is here legally or illegally, but this may not last under the Immigration Bureau’s watch.

Some 130 people, mainly Asians, held a demonstration Monday against the new immigration control system at Hibiya Park in Chiyoda Ward, Tokyo, saying it is overly harsh on illegal residents.

Rest of the article at
http://www.japantimes.co.jp/text/nn20120710a1.html

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First new residency cards for foreign nationals issued at Haneda
July 09, 2012 (Mainichi Japan)
http://mainichi.jp/english/english/newsselect/news/20120709p2a00m0na013000c.html

Two people on a flight from the United States became the first to get Japan’s new foreign resident cards early on the morning of July 9, the first day of the Ministry of Justice’s new mid- to long-term residency management system for foreign nationals.

Late on July 8, staff from the Immigration Bureau — administered by the justice ministry — stood by at Tokyo International Airport (Haneda) in preparation for the switch to the new system. When the clock struck midnight, they changed the signs above the immigration counters, and those indicating card-issuance counters for mid- to long-term residents.

Two passengers from a flight from Los Angeles, California, were the first to apply for the new resident cards at around 4:30 a.m. on July 9. The first recipient was Carlos Shaw, a 37-year-old Tennessee native who was coming to Japan for the first time. Shaw, who is here to teach English at an elementary and junior high school in Yamagata, said he felt lucky to be the first recipient of the new card.

Because the alien registration certificates that had heretofore been issued are being replaced by the new resident cards, mid- to long-term residents already in Japan must exchange their old cards for new ones when they renew their visas. Foreign nationals residing in Japan illegally are not eligible for resident cards under the new system.
ENDS
Original Japanese

在留管理:新制度スタート 「カード」を交付
毎日新聞 2012年07月09日 10時14分(最終更新 07月09日 11時08分)
http://mainichi.jp/select/news/20120709k0000e010074000c.html

3カ月以内の短期滞在者などを除く外国人正規滞在者(中長期在留者)に「在留カード」を交付する「新しい在留管理制度」が9日、スタートした。同日早朝、羽田空港(東京都大田区)の入国審査場では、米国籍の男性が同制度で初の在留カードを手にした。

羽田空港では、8日深夜から法務省入国管理局の担当者らが新制度への移行に向けて待機。日付が9日に変わると、入国審査ゲート上の看板の表示を新しくする作業を行い、カード交付用窓口の表示を「中長期在留外国人」に変えた。

9日午前4時半過ぎ、米ロサンゼルスからの航空機に搭乗していたうち2人が初めて在留カードの交付手続きを実施。第1号の取得者となった米テネシー州のカルロス・ショーさん(37)は「山形の小中学校で英語を教えるため、初めて日本に来た。今日から在留管理制度が新しくなることは知らなかったので、第1号だと聞いて、とてもラッキーな気分だ」と驚いていた。

新制度の導入により外国人登録証が失効するため、既に国内に滞在している中長期在留者は9日以降、在留カードへの切り替えを行うことになるが、不法滞在者は新制度の適用外で、カードを取得できない。【伊藤一郎】
ENDS

Japan Times JUST BE CAUSE Column 53 July 3, 2012: “In formulating immigration policy, no seat at the table for NJ”

mytest

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Hi Blog. My Japan Times JUST BE CAUSE Column 53 dated July 3, 2012, is on the Japanese Government’s renewed policy debate on creating conditions conducive to immigration (without actually portraying it in any way as “immigration” (imin), just more NJ residents). It’s their attempt to address Japan’s demographic and probable economic nosedive despite their assiduous efforts over the decades to a) exploit NJ as temporary workers on a revolving-door labor visa regime, b) blame NJ for all manner of social ills, including foreign crime and desertion, and in the process c) poison the public debate arena for productive discussion about ever treating NJ well enough that they might want to actually stay (since the past three years have seen the NJ population continuously dropping, after 48 years of unbroken rise). The writing’s on the wall, and the GOJ is finally doing something constructive. But (as usual) the bureaucracy is controlling the agenda, and the typical blind spots are coming into play, so as things stand now I think the policy drive will be ineffective.  Have a read and a think.  Arudou Debito
justbecauseicon.jpg

In formulating immigration policy, no seat at the table for non-Japanese

The Japan Times: Tuesday, July 3, 2012
JUST BE CAUSE Column 53 for the Community Page
By ARUDOU Debito
http://www.japantimes.co.jp/text/fl20120703ad.html

Last month the Japanese government took baby steps toward an official immigration policy. Ten ministries and several specialist “people of awareness” (yūshikisha) held meetings aimed at creating a “coexistence society” (kyōsei shakai) within which non-Japanese (NJ) would be “accepted” (uke ire).

This is a positive change from the past two decades, when Japan cultivated an unofficial unskilled labor visa regime that a) imported NJ as cheap work units to keep Japanese factories from going bankrupt or moving overseas, and then b) saw NJ as an inconvenient unemployment statistic, fixable by canceling visas or buying them tickets home (JBC, Apr. 7, 2009).

Yes, we’ve seen this kyōsei sloganeering before. Remember the empty “kokusaika” internationalization mantra of Japan’s ’80s bubble era?

But this time the government is serious. Sponsored by the Cabinet, these meetings are considering assimilationist ideas suggested by local governments and ignored for a decade.

Why? Attendees acknowledged that Japan needs NJ to revitalize its future economy.

Unusually, their discussions were open to public scrutiny (www.cas.go.jp/jp/seisaku/kyousei/index.html) Thank you. And here scrutiny comes . . .

The good news is that the meetings’ heart is in the right place. A fuller analysis of the materials can be found at www.debito.org/?p=10271, but what they’re getting right includes:

• State-supported Japanese language education for all NJ.

• State-supported education for all NJ children (so they don’t wind up as an illiterate unskilled underclass).

• More multilingual information online and in public access areas.

• Proper enrolment for NJ in Japan’s health, unemployment and social welfare systems.

• More assistance with finding NJ employment and resolving unemployment.

• Some attention to “cultural sensitivity” and “mutual respect” issues (not just the one-way gripe of “how NJ inconvenience us Japanese on garbage day”).

• Better coordination between all levels of government for more comprehensive policies, etc.

Bravo. But there are some shortcomings:

First, definitions. What do “coexistence” and “acceptance” mean? Just letting people across the border? Gated communities? Official recognition of ethnic minorities and domestic “foreign cultures”? Acceptance of ethnic differences as “also Japanese”? Or repressing and overwriting those “foreign cultures” (a la the Ainu, Okinawans, Koreans and Taiwanese in Meiji Japan). Without making the terms of discussion clear, we can’t see ultimate intentions.

Second, hard-wired in the proceedings is a narrative that “offsets” and “others” NJ. We have the standard embedded policy invective of “our country” (wagakuni — but isn’t Japan the country of all its residents?), with the issue couched negatively as “the foreign laborer problem” (gaikokujin rōdōsha mondai). If NJ are not treated as intruders, then they are “guests” (as opposed to just human beings) being indulgently granted something from above.

Third, the ministries are considering vague “environmental preparations” (kankyō seibi) before more NJ get here. (But wait, aren’t NJ already here? Or are we somehow wiping the slate clean?)

OK, fine — semantics. But then you read how each ministry’s proposal further betrays an odd predisposition toward NJ:

The Justice Ministry complained that they can’t “administer” (kanri) NJ properly once they cross the border. But with upcoming reforms to NJ registration systems ferreting out more visa miscreants, that’s fixed, they added. Phew. Not much else was proposed.

The health ministry suggested making some important improvements to welfare and employment systems. But nothing too legalistic — after all, discrimination against NJ as workers is already forbidden (kinshi) by law (as if that’s made much difference so far). They also heralded the preferential treatment for “high-quality” (shitsu no takai) NJ from now on through a new “points system” (critiqued as problematic in my March 6 column).

The Cabinet talked exclusively about assisting nikkei — NJ of Japanese descent. Never mind residents from, say, China or the Philippines; bloodlines take priority.

The education ministry recycled old ideas, saying that we need to teach NJ the Japanese language and, er, not much else — not even any antibullying proposals.

Nothing at all from the attending ministries of foreign affairs, finance, trade and industry, transport and tourism, or forest and fisheries.

The most useless report was from the National Police Agency, who, with a single page of statistics cooking up a NJ crime rise (despite a dramatic fall across the board (JBC, April 3)), advocated more policing, much like the Justice Ministry did. (Funny thing, that: Are the police invited to every policy meeting on the treatment of Japan’s residents, or only for policies concerning those inherently untrustworthy NJ residents?)

The biggest problem was the lack of diversity. As this article went to press, all attendees were older Japanese men (OK, two women), with approximately the same socioeconomic status and life experience. Not one NJ attended.

Thus everyone relied on third-party “reports from the field” (genba de), as if NJ are exotic animals studied from binoculars in their habitat. Not even the token Gregory Clark (who never misses an opportunity within these pages to claim how open-minded the Japanese are because they plonk him on blue-ribbon panels) was shoehorned in.

If the people for whom this policy is being created are not present at the agenda-setting stage, the inevitable happens: blind spots.

Here’s the major one: Where is the legal apparatus (hō seibi) to back up those “environmental preparations”?

For example, where is a proposed amendment to the Basic Education Law (to remove the conceit of kokumin, or Japanese national) to ensure that Japanese schools can no longer refuse NJ children an education?

Where is a proposed punishment for the employer who treats his NJ workers unequally, such as by not coughing up their required half of social insurance payments?

What about that law against racial discrimination? Again, these meetings are a well-intentioned start. But I think the outcome will still be policy failure. For there is still no discussion about making NJ feel like they “belong,” as “members” of Japan.

Academic Yumiko Iida (a Japanese, so no claims of cultural imperialism, please), in her award-winning research about Japanese identity (see www.debito.org/?p=10215), argued that there are four things any viable nation-state must create to make its people feel like “members”:

1) A shared memory of the past (i.e., a national narrative) that links them all.

2) A sense of community, with moral obligations attached to it.

3) A world view that makes sense.

4) Hope for the future that other people share.

Consider how NJ are denied these things:

1) NJ have little presence in Japan’s history (remember the old saw, “Japan merely borrows ‘things’ from overseas and then uniquely ‘Japanizes’ them”) so, as these meetings indicate by their very attendance roster, NJ are forever an exogenous force to Japanese society.

2) As discussed on these pages (JBC, June 5), NJ are systematically othered, if not completely ignored as even a minority community within Japan, and that will naturally discourage a feeling of moral obligation to Japan.

3) A world view that does not acknowledge the existence of entire minority peoples cannot possibly make sense to those peoples.

4) Hope for the future in a Japan in decline is a hard sell even for Japanese these days.

The point is, if this policy discussion is to go beyond political theater, the GOJ must now use the dreaded word “immigration” (imin). It must also prepare the public to see immigrants as members of Japanese society — as minority Japanese.

This committee has not. It had better start.

In this era of unprecedented opportunities for world labor migration, Japan must be more competitive. Above all, it must lose the arrogant assumption that people will want to come to Japan just because it’s Japan.

Japan must seriously think about how to be nice — yes, nice — enough to NJ so that they’ll want to stay. And that means making them feel equal in terms of importance and inclusion — as though they belong — with everyone else.

So you want to create public policy that reflects, not dictates, what NJ need? Then listen to those of us already here. The government has admitted you need us. Treat us as an exogenous force at your peril.

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

Twitter @arudoudebito. Just Be Cause appears on the first Community page of the month. Send your comments to community@japantimes.co.jp. For readers’ views on last month’s column, please visit www.japantimes.co.jp/text/fl20120703hs.html
ENDS

GOJ Cabinet “Coexistence with NJ” Pt. 2: Critique of June 15, 2012 meeting — a very positive Third Act to this Political Theatre

mytest

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Hi Blog. Following up on my blog post of June 10: “GOJ embryonic policymaking reboot for “co-existence with foreigners”: Some good stuff, but once again, policy about NJ without any input from them“, here is an evaluation of the GOJ’s third meeting of June 15, 2012. It’s taken a while to report on this since The Cabinet took their time putting the meeting’s materials online, but here is the cover page for proceedings, courtesy of http://www.cas.go.jp/jp/seisaku/kyousei/dai3/sidai.html

(click to expand image)

Once again, let’s walk through the materials provided. First up, the people (the yuushikisha “people of awareness” experts, presenting their views to the GOJ.  Here are the links:

1.開会
2.中川大臣挨拶
3.議事
  外国人が生活する「現場」での課題、取組について
  (有識者からのヒアリング)
  • 鈴木康友氏 (静岡県浜松市長)
  • 中山弘子氏 (東京都新宿区長)
  • 田村太郎氏 (多文化共生センター大阪代表)
  • 坂本久海子氏(NPO法人愛伝舎理事長)
4.閉会
【配付資料】
 資料1 鈴木氏提出資料
 資料2 中山氏提出資料
 資料3 田村氏提出資料
 資料4 坂本氏提出資料
 参考資料1 第2回検討会議(6月1日)における主な発言
 参考資料2 「外国人との共生社会」実現検討会議の開催について(要綱)
 参考資料3 当面の検討会議スケジュール
 参考資料4 有識者ヒアリング参集者
 参考資料5 外国人との共生社会の実現に向けた主な論点、検討課題(例)

As noted in my June 10 post, these are the backgrounds of the presenters:

Mr Suzuki Yasutomo is Mayor of Hamamatsu City, Shizuoka Prefecture (since so many NJ are clustered there working in factories; here’s his “manifesto” linked, with emphases on NJ children’s education, proper communication between Hamamatsu gaikokujin shimin (thank you) and the regular sort, and facilities).  Ms Nakayama Hiroko is the Kuchou of Tokyo Shinjuku-ku (where the famed “a lawless zone of foreign crime” Kabukicho is; however, here’s her very well organized and readable “manifesto” for the next four years, which has decent mentions of, yes, “multicultural coexistence” and some proposals to back them up (see policies 51-53)).  Mr Tamura Taro is representative of the Multicultural Center Osaka (which works a lot with Nikkei Brazilian issues).  Ms Sakamoto Kumiko is head of NPO Aidensha (which works with Portuguese speakers etc. in Mie Prefecture explaining Japan’s rules, helping them get homes and proper insurances, and assisting in translations etc.).  They all seem informed and on the level, albeit there is weighting towards dealing with Nikkeis rather than just NJs.  Now let’s look at what they presented to the GOJ:

ITEM ONE:  Hamamatsu Mayor Suzuki’s powerpoint:

Mayor Suzuki opens with an overview of the major changes in the makeup of NJ since 1990, with the doubling of the NJ population and then the drop after the “Lehman Shock” and Fukushima.  Particularly noted was the drop in their (local) Brazilian population (which makes the GOJ’s focus on Nikkei NJ all that more puzzling, given the absence of the Chinese and Filipinas/nos, as the other top NJ (and growing, unlike the Brazilians) at this forum).  Suzuki makes the salient point that cities around Hamamatsu have been cooperating for more than a decade now to create policies helping their NJ residents (e.g., The Hamamatsu Sengen, up to now studiously ignored by the GOJ).  He gives the demographics of his NJ, particularly how long they’ve been here (nearly half for more than 15 years [!]), and that nearly half of them have Permanent Residency (and 83% have long-term visas).  He talks inter alia about Hamamatsu’s measures taken (e.g., Japanese language teaching, in which 89% of teachers are “volunteers” not assisted by the GOJ), and laments that there is no compulsory education for NJ children guaranteed by law [!!].  He also talks about the “lack” (ketsujo, the same word used when decrying a lack of common sense) of unified policy or promotion on the part of the GOJ (particularly singling out the Cabinet for treating NJ as “a laborer problem” and over-focusing on Nikkei [!!!] concerns), and an overall “lack of aim to accept NJ” (gaikokujin no uke ire houshin no ketsujo).  He proposes a) that a joint integrated social policy be created and promoted at the national level; b) that teijuu (Long-Term Residency, a quasi-PR visa hitherto reserved for the Nikkei Brazilians and Peruvians) policies be expanded to all NJ; c) that a “NJ Bureau” (kyoku) be created in the short term, a “NJ Agency” (gaikokujin chou) be created in the medium term; d) that this “coexistence” series of meetings be made continuous; e) that a research council be established with more yuushikisha and people who have experience in education (gakushoku keikensha), and f) that a non-partisan politician group be created within the Diet to debate more on how to accept (uke ire) NJ. [!!!!]

(COMMENT:  Wow.  Let me just interject bowdlerized Hendrix here:  “Excuse me, while I kiss this guy!”)

ITEM TWO:  Shinjuku-ku Head Nakayama’s powerpoint:

Ms. Nakayama opens with a view “from the field” (genba de) of how NJ live their lives (I guess that’s somehow better than having NJ actually there at the meeting).  Her 14-page but very readable powerpoint goes through the statistics of the NJ under her mandate:  11% of all residents (appropriately now worded as juumin) are NJ, with the top three quarters  (37% each) Koreans and Chinese; fewer PRs than the national average (far more people, particularly close to half of all the Chinese, are there on “student” visas (ryuugaku; shuugaku) due to the local J language schools and Waseda), along with a jump (more than doubling) in the number of PRs; a quarter of all NJs live in the (traditionally Korean district) of Ohkubo, and a fifth are young, in their twenties.  Interesting stats, but….  Just when you think this presentation will end as a show-and-tell, we get a few slides on Shinjuku-ku’s attempts at multicultural coexistence policies:  Japanese language training (taught again by volunteers) at their Tabunka Kyousei Plaza, with a paid course (1500-4000 yen per semester) once or twice a week in ten locations, and a multilingual “consultation corner” in English, Korean, Chinese, Burmese, and Thai.  There is some Japanese language teaching for Grade and Jr. High schoolers both at the Ku-level and at some Ku-ritsu schools.  There some “guidelines” handbooks for life and disaster prevention in Korean, Chinese, English, and Japanese, and finally rah-rah the end of the presentation, where she says that we at the local level are doing lotsa stuff to help people, but there’s a limit to what they can do:  We have to come up with a unified philosophy (ri’nen) for how we’re going to systematize social welfare, employment, education, children’s upbringing, and lifestyles for NJ, etc., etc.  There were no grounded proposals beyond that, making Ms Nakayama’s presentation a definite anticlimax to Mayor Suzuki’s suggestions.  In the end, this felt like a bureaucratic presentation justifying budgets.

ITEM THREE:  Multicultural Center Osaka Head Tamura’s powerpoint:

Tamura also opens with the “genba de” view (sorry, must just be the title they were given by the bureaucrats, but Suzuki above shirked it), first introducing his NPO and what it does (promoting daibaashiti; okay, that sounds better to me than the hackneyed and misunderstandable “coexistence”) though its five centers nationwide.  Tamura was deeply involved in the volunteer efforts for relief and recovery in Tohoku area over the past year.  Comes off as a good egg.  Then he gets to his points about NJ residents:  He pointed out three “weak spots” (3 tsu no zeijaku sei) in how NJ live their lives as J residents:  1) a language and customs barrier (i.e., lack of instruction and access to policy), 2) legal recourse (little to no translation systems or personnel, or guaranteed access to education or boards of education), and 3) misunderstandings and prejudices on the part of Japanese society (e.g., “Hey, they came here of their own accord so they can fend for themselves”, or “the increase in NJ threatens our public safety”).  This results in their being excluded from education, employment, accommodation, and welfare.  NJ should not be seen as “weak” in themselves, but rather as in a weakened position in society.  He advocates inter alia that 1) NJ be seen by society not as “temporary stayers” but as “permanent citizens” (eijuu suru shimin — with an effective chart comparing the rise of PR Newcomers over the PR Oldcomers on page 4); 2) gentle and sophisticated (teinei) policies for coexistence be created reflecting the diversity in NJ based upon their specific areas of residence (with four sophisticated models proposed for a) major cities, b) places with high NJ populations, c) suburbs, and d) provinces, quite specific in detail; page 5); 3) four groupings for dealing with the major parties to this issue — the local governments, the national government, the local Japanese residents and industry, and — yes — the NJ communities (finally, an acknowledgment of a sense of domestic ethnic community without it being construed as a threat to Japan); again, quite detailed on page 6); 4) consider the future Japan with one million NJ PRs (nearly at that point already), and what should be done about it — inter alia:  a) consultations with NPOs and local governments, b) not seeing problems as specifically “foreign problems”, c) public acknowledging the good that NJ do for Japanese society, d) social workers that include NJ residents, and e) laws to back up any policies.  [!!!!!]  Very, very good stuff indeed!

ITEM FOUR:  NPO Aidensha Head Sakamoto’s powerpoint:

Sakamoto gave a very thick and academic series of essays that probably put the bureaucrats to sleep, opening with an organizational chart of how NPOs and NGOs relate to society at large in their activities.  She gave an over-detailed laundry list of the activities her NGO has carried out (including how find free computer courses and how to register e-messages; filter, Ms. Sakamoto!).  Amidst some very meaningful jobs Aidensha does (e.g., assisting people out of DV situations, finding housing, assisting with visa and social insurance issues, etc.) was the overwhelming chaff of giving case studies and telling stories about their hard work, when all the audience merely wanted was conclusions and advice.  Her points, when filtered of chaff, useless stats, and photographs were inter a lot of alia, 1) helping non-native speakers of Japanese get around and fend for themselves, 2) educating NJ children, 3) resolving employment and unemployment problems, 4) finding stable lives and residences, and, er… f) we should be nice and respectful to one another.  When we get into what I call “Kumbaya Territory”, you lose the bureaucrats.  I hope somebody patted her on the back for all her hard work, since that’s what it seemed like she wanted.

The other five items at the links above were recap:  Items 1) and 2) were the Minutes and Attendees from the previous meetings (which I covered in my blog entry here), 3) was the schedule of meetings previous and future (the next one will be July 3, with more yuushikisha, and the fifth one will be at a later date and feature interim thoughts on what concrete policies to pursue).  Item 4 tells us who are the scheduled yuushikisha for the July 3 meeting (including — gasp! — an actual NJ, or rather, former NJ, naturalized former Brazilian Angelo Ishi of Musashi University, along with three other regular Japanese academics from Tsukuba, Keio, and Dokkyou Universities).  The final Item 5 was a summary of the points under consideration so far regarding realizing a “Coexistence Society with Foreigners” all over again.  The problems listed therein were also recaps of ones covered in my previous blog entry.

COMMENT:  Alright, this is a positive series of developments, with inputs much better than the first two meetings (it’s a pity the short-sighted bureaucrats almost always get first dibs on agenda setting, with the people who might offer different opinions, such as Angelo Ishi, thrown in later down the line as an afterthought.  Nevertheless, it’s a good Third Act in this political theatre, where people who contributed to the June 15 Meeting have made their points, two of them saying things I would have said (down to the semantics).  Good.  Still, however, no mention of that law against racial discrimination…

More on the July 3 Meeting when it goes online no doubt in a few weeks.  Thanks for reading.  Arudou Debito

The Govinda (Mainali) miscarriage of justice murder case ruled for retrial after 15 years, so Immigration deports him. But there’s more intrigue.

mytest

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Hi Blog. Making headlines this past week has been the Govinda Mainali Murder Case, a cause celebre I’ve known about for years (thanks to a very active domestic support group with regular mailings in Japanese). It’s come to a head, where DNA evidence has finally cast enough doubt on the evidence behind the conviction (see Yomiuri article immediately below), and it’s come to light (see Japan Times editorial below) that the prosecution withheld (or didn’t bother to have tested) vital evidence from the court (yes, they can do that in Japan) that would have exonerated him. It also put him in double jeopardy, meaning trying him more than once for the same crime (technically illegal, but yes, they can do that in Japan), reversing a not-guilty decision in lower court. As if that wasn’t enough, note the date of the Yomiuri article below stating the negative DNA test (July 2011) — meaning it only took Japan’s criminal justice system about a year for him to finally get his retrial, on top of the 15 years he’s been incarcerated. And after all that, now that it looks like Govinda is going to have his name cleared, Immigration is just going to deport him. The police in Japan are sore losers.  (At least Sugaya Toshikazu, in a very similar situation to Govinda, got an apology in 2009 from public prosecutors, not deportation.)

Now, check out the details in Terrie’s Take below, where the plot really thickens because the murder victim, a prostitute in her off-hours, was an employee with TEPCO (yes, that TEPCO) with names of some high-level clients in her address books…

As Terrie Lloyd notes below (as have I in the Japan Times), the already prosecutor-heavy criminal justice system in Japan is even more so if the suspect is a NJ.  More and more it looks like Govinda Mainali was actually a patsy for the powerful because he was a convenient foreigner for the Japanese police to pin this on. I’ve already discussed in detail before how Japan’s criminal investigation system is fully stacked against NJ victims (start here with the Scott Kang and Matthew Lacey Cases, then progress to the Suraj Case, where the police have still gotten away with murder). The Govinda Case is yet another case study for everyone to remember for when the NJ are potential perps.  Can’t win either way once the Japanese police get their hands on you. Arudou Debito

////////////////////////////////////////
東電OL事件、再審の可能性…別人DNA検出
読売新聞 2011年7月21日(木)3時1分配信
Courtesy of CJ
http://headlines.yahoo.co.jp/hl?a=20110721-00000090-yom-soci

東京都渋谷区で1997年に起きた東京電力女性社員殺害事件で、強盗殺人罪により無期懲役が確定したネパール国籍の元飲食店員ゴビンダ・プラサド・マイナリ受刑者(44)が裁判のやり直しを求めた再審請求審で、東京高検が、被害者の体から採取された精液などのDNA鑑定を行った結果、精液は同受刑者以外の男性のもので、そのDNA型が殺害現場に残された体毛と一致したことがわかった。

「(マイナリ受刑者以外の)第三者が被害者と現場の部屋に入ったとは考えがたい」とした確定判決に誤りがあった可能性を示す新たな事実で、再審開始の公算が出てきた。

この事件でマイナリ受刑者は捜査段階から一貫して犯行を否認。同受刑者が犯人であることを直接示す証拠はなく、検察側は状況証拠を積み上げて起訴した。

2000年4月の1審・東京地裁判決は「被害者が第三者と現場にいた可能性も否定できない」として無罪としたが、同年12月の2審・東京高裁判決は逆転有罪とし、最高裁で03年11月に確定した。

マイナリ受刑者は05年3月、東京高裁に再審を請求した。

同高裁は今年1月、弁護側からの要請を受け、現場から採取された物証についてDNA鑑定の実施を検討するよう検察側に求めた。これを受け、東京高検が精液などのDNA鑑定を専門家に依頼していた。
最終更新:7月21日(木)3時1分

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

The Japan Times Friday, June 8, 2012
Mainali granted retrial, is let out of prison
DNA evidence of another man looks set to clear Nepalese
By MINORU MATSUTANI, Staff writer
http://www.japantimes.co.jp/text/nn20120608a1.html

The Tokyo High Court said Thursday it will retry Govinda Prasad Mainali, 45, a Nepalese man serving life in prison for the 1997 robbery-murder of a 39-year-old woman, because a DNA test in July contradicted the justification for its guilty verdict.

The high court also said Thursday Mainali’s sentence will be halted. He was later released from a Yokohama prison. He is expected to soon be placed in immigration custody for deportation, as he has been convicted of visa violations.

“We would like to express respect to the high court’s prompt and appropriate decision even though there was no room for doing otherwise,” Mainali’s attorneys said in a prepared statement.

“Prosecutors should comply with the decision, for doing so is in compliance with prosecutors’ philosophy: ‘Prosecutors must not regard guilty verdicts as their purpose and heavy punishments as their achievement.’ “

The Tokyo High Public Prosecutor’s Office immediately filed an objection to the court’s decision, with deputy chief Toshihiko Itami saying the decision was “totally unacceptable.”

One of his lawyers quoted Mainali as saying, “I am glad I found a judge who believes my innocence and truth.”

His wife, Radha, 42, expressed her gratitude at a news conference in Tokyo. His daughter, Alisha, 19, said the past 15 years were “very long and dark.” They came to Japan with another of Govinda’s daughters, Mithila, 21.

The victim, a Tokyo Electric Power Co. employee whose name was withheld and who engaged in prostitution at night, was found dead March 19, 1997, in a vacant apartment in Shibuya Ward, Tokyo. Mainali, who lived nearby, was arrested four days later on suspicion of overstaying his visa. He was later charged with murdering and robbing the woman, after police learned that Mainali was an acquaintance of hers, had a key to the flat and because a used condom found in the toilet at the scene contained semen that matched his DNA.

The district court acquitted Mainali in April 2000 because prosecutors failed to prove him guilty beyond a reasonable doubt. A urologist also testified that the semen in the condom greatly predated the day of the slaying. The court added there were several unclear points, including two strands of hair found on the victim that came from a third party.

However, when prosecutors appealed his acquittal, the Tokyo High Court found Mainali guilty in December 2000 and sentenced him to life behind bars even though no new evidence was presented. The high court said “it is difficult to think someone other than” Mainali brought her to the vacant apartment where she was slain and called his testimony unreliable.

The Supreme Court finalized the sentence three years later.

Mainali’s coming retrial is based on DNA tests carried out on semen found in and on the victim. It was that of another man and matched the hair fibers.

Prosecutors often appeal lower court-meted acquittals because they imply the case will be brought before a high or the Supreme Court, and thus do not violate the law against double jeopardy.

Japan, like many nations, bans double jeopardy, but the judicial system considers district court, high court and Supreme Court trials of the same party for the same alleged offense to be separate trials, unlike in other countries where the verdict in the trial of first instance stands.

Rest at http://www.japantimes.co.jp/text/nn20120608a1.html

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

The Japan Times Tuesday, June 12, 2012

EDITORIAL
Don’t delay justice any longer
http://www.japantimes.co.jp/text/ed20120612a1.html

The Tokyo High Court on June 7 decided to retry a Nepalese man serving a life sentence for the 1997 robbery-murder of a 39-year-old woman in Tokyo on the strength of new evidence and he was released at the court’s order. But the Tokyo High Public Prosecutors Office immediately filed an objection. The prosecutors office should refrain from any further moves to delay the start of the retrial because the high court decision is based on DNA evidence that suggests that the perpetrator was not Mainali.

A female employee of Tokyo Electric Power Co. was found dead in a vacant apartment in Maruyama-cho, Shibuya Ward, on March 19, 1997. Govinda Prasad Mainali, now 44, living nearby, was arrested four days later based on the fact that he had a key to the apartment and that semen left in a condom found in the apartment’ toilet matched his DNA. Mainali has consistently denied the charges.

The Tokyo District Court in April 2000 found him innocent. It said that it was not clear whether the condom was used at the time the crime was committed and that two strands of hair found on the victim came from a third party. But the Tokyo High Court in December the same year found him guilty primarily on the grounds that a notebook owned by the woman, who meticulously kept records on men she had sexual intercourse with, contained no reference to the condom in question.

Semen was also found inside the woman’s body. Its blood type matched that of another man, but the prosecution did not carry out a DNA test on the grounds that the amount was so small, and given the technological limits at the time, a DNA test was impossible.

In hearings to request a retrial for Mainali, his defense counsel called for a DNA test on the semen. A DNA test in July 2011 found that it did not match Mainali’s DNA, but that it did match the DNA of a strand of hair left on the carpet at the scene and a blood stain on the victim’s coat. These findings suggest that a different man was in the apartment when the crime was committed. The high court said that the findings constitute enough new evidence for a court to overturn the original guilty ruling against Mainali and render a not-guilty ruling.

Long after Mainali was found guilty, it was revealed that the prosecution had withheld critical evidence concerning the semen, the bloodstain and saliva found on the victim’s breast. A law should be enacted that requires the prosecution to reveal all its evidence to the court and the defense lawyers, and to punish all public prosecutors who do not comply. A system also should be devised to preserve evidence indefinitely for future testing if needed.

ENDS

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Order issued to deport Nepalese man granted retrial over 1997 Tokyo murder
TOKYO, June 11, 2012 Kyodo, courtesy of JK
Order issued to deport Nepalese man granted retrial over 1997 Tokyo murder
http://english.kyodonews.jp/news/2012/06/163137.html

Immigration authorities on Monday issued an order to deport a Nepalese man who has been granted a retrial after the Tokyo High Court decided last Thursday to reopen the case of the murder of a Japanese woman in Tokyo in 1997.

Godinda Prasad Mainali, 45, who arrived in Japan in 1994, was convicted of overstaying his visa in 1997. Ongoing deliberations for a retrial will continue even with his absence from Japan.

On the order issued by the Tokyo Regional Immigration Bureau, Mainali is expected ot soon leave Japan along with his wife Radha, 42, and their two daughters Mithila, 20, and Alisha, 18, who came to Japan from Nepal last week.

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Mainali to be deported soon

NHK World June 12, 2012, courtesy of JK

http://www3.nhk.or.jp/daily/english/20120611_24.html

A Nepalese man who was granted a retrial in the murder of a Japanese woman 15 years ago will leave for home soon.

Japan’s Immigration Bureau issued a deportation order for Govinda Prasad Mainali on Monday.

Mainali was released from prison and sent to an immigration facility in Yokohama after a Tokyo court granted his retrial. He had been serving a life sentence for the 1997 murder that took place in the capital.

Sources say Mainali wants to return to Nepal at his expense together with his wife and 2 daughters. The three came to Japan last week.

The Immigration Bureau plans to deport Mainali as soon as he is issued a passport by the Nepalese Embassy and his plane tickets are ready.

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

Nepalese Man Granted Retrial Ordered to Leave Japan

http://jen.jiji.com/jc/eng?g=eco&k=2012061100400

Tokyo, June 11 2012 (Jiji Press)–The Tokyo Regional Immigration Bureau’s Yokohama branch issued a deportation order Monday to a Nepalese man who was granted a retrial and released Thursday after being jailed for the murder of a Japanese woman in 1997.
Govinda Prasad Mainali, 45, has been in custody at the immigration office as his prison sentence for the killing of the Tokyo Electric Power Co. <9501> employee was halted. [sic]
Mainali is expected to return to Nepal on Tuesday at the earliest.
The office decided to deport Mainali, convicted of violating the immigration control law, as he wished to return home in an interview, officials said.
He is to return to Nepal after the Nepalese embassy in Tokyo issues a passport which he has sought.
(2012/06/11-13:40)

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

Japan Times Monday, June 11, 2012
http://www.japantimes.co.jp/text/nn20120611a3.html

Mainali faces difficult readjustment after 15 years in prison
Kyodo
KATHMANDU — The elder brother of a Nepalese man granted a retrial in Japan after serving 15 years in prison for the 1997 murder of a Japanese woman expects his sibling’s rehabilitation to be a challenge.

Indra Mainali, 54, who is waiting for Govinda Prasad Mainali’s return to Nepal, said while the Tokyo High Court’s decision on Thursday to grant a retrial has ended a chapter in Govinda’s suffering, another chapter of less tangible suffering is about to begin.

Govinda’s daughters felt during conversations with their father last week that 15 years of imprisonment have inflicted heavy psychological and emotional damage on their father, Indra said.

Mithila, 20, and Alisha, 18, met their father twice last week, the first time in prison and the second time at the Tokyo Regional Immigration Bureau’s Yokohama office, where he is currently in custody awaiting deportation. Including these meetings, the daughters have met their father only three times over the past 15 years.

After his long imprisonment, Govinda, 45, seemed very worried about how he will adjust to his family and social life, said Indra, who took over responsibility of Govinda’s family after his arrest and conviction in Japan.

Indra said his brother had not expected that he would leave prison the day he was granted a retrial.

According to Indra, prison security personnel suddenly told Mainali late afternoon on Thursday to pack his things and get ready.

They did not allow him time to say goodbye to other inmates.

They did not tell him that he was being released. Later, a police officer arrived at the prison and drove him to the immigration office.

“We expect in him a number of psychological (problems) and problems related to his rehabilitation in family and society…We will just try our best to bring him back to normalcy,” Indra said.
Rest at http://www.japantimes.co.jp/text/nn20120611a3.html

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

TERRIE’S TAKE

TT-665 — Govinda Mainali – Justice 15 Years Too Late, ebiz news from Japan
http://www.japaninc.com/tt665_Govinda_Mainali–justice_15_years_too_late

Last week something happened that we never expected to see:
the release of Govinda Prasad Mainali, a Nepalese who has
been in prison on and off since 1997. Mainali was released
to Immigration authorities, who are going to deport him for
overstaying his visa back in 1997, because the Tokyo High
Court finally agreed to a retrial of Mainali after new DNA
evidence.

Japan has an extremely high conviction rate for many
reasons, including some not to be proud of. One of these is
the willingness of the courts to hear prosecution testimony
with greater belief than anything the defense may say.
Particularly problematic is the acceptance of “induced”
confessions as if they were fact, even if the other
evidence is not sufficiently supported by actual facts.

Further, the conviction rate of foreigner suspects (you
definitely don’t want to be one) is a foregone conclusion,
with seemingly little or no interest by the courts about
who actually committed the crime when a foreigner is offered
up as the perp. There are a number of recorded cases where
the courts have actually SAID there has been insufficient
evidence for an ordinary conviction, but none-the-less
have convicted the defendant anyway, simply because the
prosecutors said they did it.

Unfortunately the Japanese police, immigration, and
prosecutors have the ability to “disappear” suspects for
days or even months while they mercilessly interrogate them
so as to extract a confession. This is not just a foreigner
thing. The abuse of this system became so bad that several
years ago new laws were pushed through that now require
prosecutors to record their interrogation interviews.
However, this doesn’t force them to treat the suspect
humanely and there are still lots of ways for them to
induce a confession outside of the actual interrogation.
And, well, the recorder could always just run out of
batteries…

The case of Govinda Mainali is particularly distressing,
and reminds all foreigners that through seemingly innocent
circumstances we could just as easily be caught up in a
similar situation. Reading about his case makes you feel
like we’re living in an emerging economy in the Middle East
rather than a first-world country like Japan. In
particular, we feel that his is a case where his race and
foreignness played a large part in how he was treated. At
the same time we concede that Japan does not have a
monopoly on unfair treatment by the courts. There are
plenty of examples in the UK and USA to compare.

The background to his case is that he was a restaurant
worker in Shibuya and who shared an apartment with four
others. Unfortunately for him, he started seeing a local
hooker, Yasuko Watanabe, and struck up a relationship with
her. By all accounts they didn’t see each other often, but
at some point he helped her get access to a vacant
apartment near his, and she used to take her customers
there — four men a night, virtually every night. What is
weird is that she was leading a double life and by day was
a highly paid researcher for Tokyo Electric Power Co.
(TEPCO). When she was found murdered in the vacant
apartment, Mainali became the prime suspect by virtue of
the fact that he had a key to the apartment and that his
name was in her diary.

The problem for Mainali is that he lied initially, saying
he didn’t know her, which of course made the police
suspicious. At some point he changed his story and agreed
that he’d slept with her, but the damage was done. The fact
that he lied wasn’t surprising, considering he was an
overstayer and was no doubt fearful of what might happen to
him, but once he started down that slippery slope, the
prosecutors pieced together all the circumstantial evidence
and decided they had their man.

Mainali had good lawyers, however, who decided there was
an injustice being done and made a crusade out of getting him
freed. In 2000 his case was thrown out by the Tokyo
District Court for lack of evidence. At that point, if he
was a Japanese he would have been let go, but because the
outstanding deportation order, the Prosecutor’s office
successfully had him kept in jail while they appealed to a
higher court. With the second trial he was found guilty and
sentenced. A subsequent Supreme Court appeal also failed.

It was only after 15 long years of appeals by Mainali’s
lawyer and a change of judge, that the prosecutor’s office
was forced to admit they had untested sperm samples in
a freezer. Just recently they reluctantly and finally
tested the DNA from the victim and they found — guess what
— the DNA wasn’t his.

What is interesting is that Yasuko Watanabe kept meticulous
records of her customers, and on that list was one of her
bosses at TEPCO, where she worked. Who else was she seeing?
Was Mainali a fall-guy for something deeper and darker?
There are various Japanese websites that speculate that
Watanabe in her day job, having written a number of damning
internal reports about nuclear power risks at TEPCO,
coupled with an affair with one of her bosses (possibly the
current Chairman of the company), meant that she was
silenced by the Yakuza on the behalf of “someone”.

Another key point, and the reason for Mainali’s release was
the fact that the Prosecutor’s office seemingly never
revealed to several appeal courts (the High Court and the
Supreme Court) that they didn’t do a DNA test on sperm
inside the victim’s body. Given how crucial it was to the
case, how is that even possible?

Anyway, Mainali is now going to be deported. No word yet on
whether he is going to be allowed back to represent himself
at the re-trial, and certainly if we were him, we wouldn’t
be planning to come back to Japan, ever. However, at that
hearing, if he is found not guilty through lack of
evidence, as he was back in 2000, then there is the small
issue of compensation. If he was in some other countries,
he might be able to claim hundreds of thousands of dollars
in mental anguish, physical hardship, and lost earnings.

But this is Japan, and in one case a South American woman
who was arrested by the Chiba Prefectural Police was
illegally confined at a hotel for 10 days until they got an
arrest warrant (god knows what actually went on at the
hotel). She was awarded JPY2m in compensation for wrongful
detention. It didn’t do her much good, though, as the court
still imprisoned her on her hotel confession even though
she retracted it once they properly charged her. She got 8
years and has no doubt been deported by now…

We wish Mainali the best of luck with the rest of his life,
and hope that his case knocks some sense into the Japanese
courts and the Prosecutor’s Office, since it’s apparent
that they were highly embarrassed by the turn of events.
But the fact is that a foreigner falling afoul of the
Japanese legal system doesn’t have a hope in hell of
getting a fair trial. In our opinion, the first step in
getting Japan to address the obvious inequalities towards
foreigners in the legal system is to pass a law making
prosecutors who hide/withhold evidence open to legal
charges themselves.

Secondly, racial discrimination against non-Japanese should
be illegal, especially by law enforcement bodies. According
to a book from Mainali’s supporters, in 1997, 76.1% of
Japanese suspects were held in custody, whereas for
foreigners the number was 99%. Apart from being a overdue
concession to human rights, equal treatment would also give
overstayers a foothold to appeal on the grounds that they
should get the same level of legal consideration that any
Japanese would expect.

Thirdly, Japan also needs to recant the death penalty.
We’re not sure why Mainali wasn’t put on the death row, but
he did get the second most harsh sentence — that of
indefinite life imprisonment. If he had been on death row,
it’s possible that after the 2003 Supreme Court appeal
failed, that he would have been hanged. Too late, then, for
apologies later.

Lastly, it is also obvious that Japan needs stricter
suspect detention rights rules, such as giving prisoners
access to legal advice and protection from abusive law
authorities, and habeus corpus procedures that require the
police and immigration to prove that they actually have
legal right to hold someone. These are obvious and simple
rights that most first-world citizens and residents take
for granted. Many people would be shocked if they knew just
how primitive the system is in Japan, and how easy it is
for foreigners in particular to fall into the legal
system’s maw.

References:

* Background to the case — http://bit.ly/KbSqwv
* Defense group’s indictment of the pathetic decision made
by the Supreme Court in the face of fresh evidence —
http://bit.ly/Kcb2wj
* Wikipedia account by Japanese — http://bit.ly/MwCPDe

ENDS

GOJ embryonic policymaking reboot for “co-existence with foreigners”: Some good stuff, but once again, policy about NJ without any input from them

mytest

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Hi Blog.  We have an important announcement courtesy of academic listserv H-JAPAN:

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

H-JAPAN
May 31, 2012
Date: Thu, 31 May 2012
From: JFMorris
Subject: Multiculturalism in Japan

Dear List members,

A committee has been set up within the Cabinet Office of Japan, composed of the vice-ministers of the Cabinet Secretariat, Ministry of Internal Affairs and Communications, Ministiry of Law, Foreign Affairs, Finance, Education etc, Health etc, Agricutlure etc, Industry etc, Land etc, Police to investigate and recommend policy on “co-existence with foreigners”. Information on the committee can be found at the following URL.

http://www.cas.go.jp/jp/seisaku/kyousei/index.html

The documentation provided here gives a very succinct summary of what the government (national level bureaucrats?) of Japan think about “foreigners” here, and how they formulate their perceptions of what the “problems” are, and very vaguely hint at where they see future solutions.

John Morris
Miyagi Gakuin Women’s University

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

COMMENT:  Many thanks to John Morris for the link.  I wish he would have elaborated on the contents of the summaries, so I will.

As concerns the goals of Debito.org (inter alia the promotion of multiracial/multicultural tolerance and and of diversity in Japanese society), here are some points of note:

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

SUMMARY:  This is not the first time the organs of the Japanese government have talked about “coexistence with foreigners” (gaikokujin to no kyousei shakai jitsugen), but more likely than not these happen at the local level (cf. the Hamamatsu Sengen, which happened repeatedly from over a decade ago yet was studiously ignored at the national level).  Now that discussion on this is taking place at the national, Cabinet level, this is a positive development.  However, these meetings (two so far, the first one was less than an hour) at the outset show the hallmarks of so much Japanese policymaking:  a biased agenda (with all the normalized invective of “wagakuni” (our country) semantically offsetting those foreigners (who have to “co-exist” with Japanese, not merge into one polity)) regarding the policy treatment of people without any input from the people being treated.  Inevitable blind spots, such as an overemphasis on Nikkei and children’s education, are already latent in the materials below.  In any case, this is a very interesting and rare view into the dialogs and mindsets behind the creation of public policy re Non-Japanese (NJ) in Japan.  More detailed summaries and analysis follow below.

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

Here is the cover of the anchor site for this policy debate (click to enlarge):

The goal written therein is interesting:  “This deliberative meeting on ‘a society coexisting with foreigners’ has been set up so that related government ministries can deliberate comprehensively in close cooperation with one another, regarding the various problems related to environmental preparations (kankyou seibi) for realizing a society where we can coexist with foreigners who have livelihoods in Japan, in order to promote the undertaking of related policies at all levels of government.” (my translation)

Okay, we’re coordinating something regarding “policy issues” (which is good, since in Japan’s tate-wari bureaucracy the ministries don’t coordinate much with each other).  So who’s attending?  According to the attached konkyo kouseiin for the May 24, 2012 meeting (click to enlarge):

It’s all governmental vice ministers (fuku daijin) from The Cabinet, Internal Affairs & Communications (Soumusho), Justice, Foreign Affairs, Finance, Education, Health & Welfare, Agriculture, Forests & Fisheries (how are they related?), METI, Posts and Communications, and the National Police Agency (there as a jichou).  The chair is former Education Minister Nakagawa Masaharu (under the interestingly-named title of “State Minister in Charge of the Foreign Laborer Problem” (gaikokujin roudousha mondai o tantou suru kokumu daijin), meaning semantically we’ve already problematized a latent “problem” of foreigners into foreign laborers). (More on Nakagawa in Japanese at the renewed Noda Cabinet Profiles here)

Note that there is not a single Non-Japanese (NJ) involved anywhere at the agenda-setting stage.  (Not even the token Gregory Clark, who never misses an opportunity to claim how open-minded the Japanese must be because officials insert him on blue-ribbon shingikai deliberation councils and committees.  Maybe that’s for the better this time, since we really don’t need bigoted geriatric liars with an incredible sense of entitlement telling the GOJ what to do about NJ residents who have completely different socioeconomic statuses to his.)  Anyway, it seems the government obviously knows best what to do with the “foreign laborer problem” from the outset.  Who needs foreign residents’ involvement when it’s a Japan issue?

Note how there is some vital lack of definition.  What does “coexistence” mean exactly — tolerance, acceptance, gated communities, patchwork cultural neighborhoods, or complete subsumption of “foreign cultures” in favor of “Japanese culture” (douka)?  Nor is the “kankyou seibi” made all that clear.  For example, does this this include a law (with actual penalties for offenders) against racial discrimination?  People won’t leave home without it.

You can see the materials submitted to participants in the first meeting, including several reference materials from each ministry from the following links (this was clearly a meeting planned well in advance; good):

【配付資料】
 資料1-1 「外国人との共生社会」実現検討会議の開催について
 資料1-2 「外国人との共生社会」実現検討会議の開催について(開催要綱)
 資料1-3 当面の検討会議スケジュール(案)
 資料1-4 有識者ヒアリング候補者(案)
 資料2 外国人との共生社会の実現に向けた主な論点、検討課題(例)
 資料3 法務省提出資料
 資料4 厚生労働省提出資料
 資料5 文部科学省提出資料
 資料6 警察庁提出資料
 資料7 内閣府提出資料

Material 1-1 is interesting in that the main goals are listed as:

  1. What form a society coexisting with foreigners will take
  2. What “environmental preparations” (kankyou seibi) will be undertaken to realize this society
  3. How to enliven (kasseika) the national debate (kokumin teki giron) which will also include the acceptance (uke ire) of foreigners
  4. What other topics and issues of special attention (ryuu i ten) will be involved in realizing this coexistence with foreigners

Those goals are elaborated in greater detail within Material 1-1 (more below).  Prima facie, these are all positive directions, especially the national debate bit to get the public on board to convince them that NJ are also a part of society. However, unclear (as always) is the word “uke ire“, which can run the gamut of meanings from “acceptance and embracement” to “just letting them cross the border into Japan” (as in the yahoo dictionary definition example:  “この国は移民の受け入れに年間2,000人の枠を設けている The quota of immigrants to be received [acceptedinto this country is set at 2,000 per year.”)  Given Japan’s record on immigration policy (and the fact that even the word “imin” (immigrant/immigration) doesn’t seem to be appearing anywhere, this word does not conjure as positive an example of acceptance *as Japanese residents and Japanese citizens* as one would like.

Material 1-1 also mentions in that greater detail the two steps that this plan will take:  1) GOJ deliberations on the kankyou seibi, 2) public debate on how to “accept foreigners”.  However, this will take place ONLY AFTER the kankyou seibi are firmly established.  The policy aim also stresses that it policy is not to be expanded to accept more foreigners (uke ire kakudai), but rather it is important first “to improve the many problems of foreigners who are actually living in our country”, listed as issues of lifestyles, education, labor conditions etc..  Kankyou seibi must be done first, however.  Then, however, if I’m not somehow misunderstanding this, it stresses in the next paragraph how our country must increase its attractiveness and appeal as a place that will “draw foreigners in to revitalize our society” (wagakuni shakai ni katsuryoku o motarasu gaikokujin o hikitsukeru).  Somehow I have the feeling I’ve heard this before.  And again, a “smooth public debate” is fine.  But how about seibi-ing that legal environment to outlaw discrimination?  Not clear.

It’s not any clearer when you read the finer print.  Material 2 above lists these as the problems to be addressed already (paraphrases):

  1. Our country needs high-quality people (koudo jinzai) to keep us vibrant in this era of globalization and aging/falling Japanese population, so for that dynamism we need foreigners.  
  2. There have been “social costs” (shakaiteki kosuto) to bringing foreigners into our country before, particularly in regards to lifestyles, education, and labor, so this should not be broadened due to [and I’m seriously translating this bit:] “being opened up as an international society will probably lead to our country’s reputation being downgraded” (kokusai shakai ni okeru hirakareta kuni to shite no hyouka o teika saseru koto ni mo tsunagaru). [Moodys, are you listening?]
  3. We want to attract “better foreigners” (again, koudo jinzai), given what happened with the Nikkei South Americans and NJ residents living here so far, with more systematic policies to bring them in and maintain our country’s reputation.
  4. We need these plans to be medium- and long-term, given the demographics.
  5. We need to keep our people (kokumin) in the debate loop and build consensus for the future about bringing in foreign labor.

Wow, what paroxysms of grief those lackluster NJ entrants up to now have put Japanese society through!  That said, these are the things (page 3) this panel is thinking about regarding how to treat NJ (in other words, its not just what we can take from NJ, but also what we need to give them):

  1. Policies that will make them functional in Japanese (e.g., promotion of J language learning in local areas, with appraisals, encouragement of teachers, and possible requirement (gimu zukeru koto) [for visa renewals?])
  2. Educating their children (e.g., stopping school absenteeism, putting in qualified J language teachers in public schools, assisting NJ children into higher-quality education, promoting education in NJ schools [!!!], promoting J language education for their parents, offering NJ children other educational opportunities, etc.)
  3. How they will be hired and will work (e.g., not merely treating them as cheap labor but improving their working conditions and social insurance, with job training in sectors such as nursing, agriculture etc., through bringing in higher-skilled workers, and even think about a “foreign employment law” (gaikokujin koyouhou) [!!!]  This would not be limited to the Nikkei South American workers [was it implicitly before?])
  4. How they will have medical treatment and social security (e.g., get them on Social Insurance, get their kids covered, and think about to set up an effective translation system)
  5. Stable places for them to live (e.g., offer basic information about how and where to live, and take measures to alleviate the fears of private-sector landlords afraid of NJ)
  6. How to deal with “public safety” problems (e.g., how to police NJ in this age of globalized crime)
  7. How to make information available in several languages (e.g., multilingual internet sites, more information sent overseas [??], one-stop information and assistance centers, multilingual disaster information, multilingual traffic information and driver license tests)
  8. Mutual respect for each others’ culture and promoting understandings (e.g., multicultural education, and thinking about introducing an integrated program for Japanese studies as soon as people enter Japan)
  9. How to work in coordination with local governments and burden-share (e.g., have local governments understand the needs of their local NJ and offer them concrete and customized service)  Etc.

There are further clarifications for each subject from page 4 onwards (listed in parentheses afterwards).  This is some very heady and prescient stuff (I can see why bureaucrats don’t want sweaty-headed public debate meddling until they get the “environment” set up first), and something which if carried out will be a great improvement over the past.  However, unclear again is how some issues (such as apartment refusals) will be enforced through the existing legal/administrative framework, or how the present system will be changed to make jobs more secure and equal in treatment (such as in Japanese academia (which I happen to know a bit about), which advertises that it wants foreign PhDs but then only offers them limited-term contracts, not tenure or an equal collegial footing).  Nice to have this wish list.  Better to say, however, that we need legal structure (hou seibi) to back it up, even at this drawing-board stage.

The MOJ’s brief (Material 3 above) starts out with bare stats of who and how many NJ are here and what they are up to.  But then on page 7 they get into how NJ should be administered (kanri — natch, that’s their job).  But it uses the hackneyed kokusaika (internationalization) of Japan just in terms of numbers without (as usual) indicating an understanding about what true internationalization really means (as in making NJ into Japanese).  Instead, the MOJ focuses (as usual) on how little control they have over NJ once they pass through Japan’s borders, and advocates the quick implementation of policy carrots and sticks — carrots portrayed as keeping tabs on NJ’s social welfare and children’s education (as if that’s within their mandate), and sticks meaning visa overstayers get rooted out ever more efficiently.  We’ve seen this in action in the upcoming end of the Gaijin Cards (in favor of remotely-trackable Zairyuu Cards (mentioned on page 8 ) that link visa approval to enrollment in Japan’s insolvent pension schemes), and it’s pretty plain to see who’s engineered that future fiasco.  If you’re ready for a giggle, check out the smiling “example NJ” on page 9 being subjected to this proposal, complete with white skin and blue eyes (even though most of the NJ these labor policies will attract are probably not White people — because they never have been).  In sum, the MOJ offers nothing new except more policing.

The Health & Welfare Ministry’s brief (Material 4 above) offers the background information on what NJ are up to again, but has on page 2 a special focus (over half the page) on how to care for Nikkei NJ (displaying once again that GOJ focus on offering more assistance “to the family” linked by Japanese blood).  The measures proposed are decent (mentioned in the Material 2 outline above).  For the the garden-variety NJ, however, it’s not clear what’s to be done as discrimination by nationality in working conditions and in introductions to jobs is already “outlawed” (kinshi) (as if that’s made much difference up to now).  But the Ministry points out (page 3) how there’s no clause in the laws guaranteeing equal treatment regardless of nationality in the social insurance system, and wants improvements made regarding how foreigners are employed.  The solution to this Ministry is the upcoming revisions in the registry rules to make everyone accountable under the pension and social welfare systems.  Not much new here — no mention of how to stop J employers screwing their NJ workers out of social insurance by not paying their half of the required contributions, for example.  A newer idea, however, is on page 4, where they outline the policy for attracting higher-quality NJ (again, koudo jinzai), i.e., a “points system” (itself highly problematic) for which came into effect May 7 of this year; the Ministry wants 300,000 “shitsu no takai” foreign students etc. to be handled under “job matching” systems at Hello Work unemployment agencies nationwide.  It also wants GOJ assistance with post-university job searches and internships, and reformed personnel management with clearer hiring practices for international workers.  Okay, decent stuff, but let’s wait and see if any of this comes to fruition.

The Ministry of Education’s brief (Material 5 above) is brief indeed, with a rehash of what they say they concluded in May 2010:  Deliberation of how to institute Japanese language education environments in Grade School and Junior High, and allowing NJ schools in Japan to become educational foundations [!!!].  More details are on page 2, where details of note include an increase of Japanese-language teachers by 350 souls (to a total of 1385 people nationwide) since 2009, making and distributing educational guidebooks, yada yada.  Also notable is the lumped treatment of J “returnee children” (rendered as kikoku/gaikokujin jidousei) as foreigners.  No mention of reforming the Basic Education Law (kyouiku kihon hou) to also guarantee education to non-citizens (given the restrictive kokumin clauses already within it, which still enables Japanese schools to refuse NJ children).  No anti-bullying discussions, either, or possible sensitivity training workshops for teachers if not students.  MoE’s assumptions within its lackluster proposals seem to be that if you make some motions to teach foreigners (and somehow by extension returnee Japanese) the Japanese language, they’ve done their job and all’s resolved nationwide.

The National Police Agency’s brief (Material 6 above) is even briefer, with one page of crime stats (which has dramatically fallen across the board yet they managed to squeeze in a crime rise somehow — i.e., NJ as collaborators with Japanese in Japanese crimes) with fingers pointed at Chinese, Vietnamese, Peruvians, and Brazilians as inter alia thieves and marriage visa defrauders.

They offer no proposals whatsoever.  Why are they even in on this discussion?  (The MoJ is already offering enough policing.)  Do we get the police involved on every social policy reform council, or is it just because we’re dealing with inherently untrustworthy criminal NJ?

The Cabinet’s brief (Material 7 above) offers a full overview of “our own” — with seven pages concentrating solely on Nikkei NJ.  Aside from this more-than-just-a-little offensive blood-fixation prioritizing of foreigners in Japan, we have observations about how these days Nikkei cannot get jobs or get Japanese language skills, their kids cannot get an education, and how they’ve taken emergency policies since January 2009 (as opposed to the GOJ’s emergency airlift of Nikkei — only — back to South America from April 2009?).  The rest of the proposals are basically as above, in what seems to be a summary of everyone’s positions.

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

Future discussions (a total of five meetings, through July, according to Material 1-3 above) will involve a hearing with experts in the field on “the shape of the NJ coexistence society” (Meeting 2, June 1, details below); another meeting with those experts “about taking on the issues ‘in the field’ (genba de) where NJ have their livelihoods” (Meeting 3, June 15, preliminary details below); yet another meeting with those experts about accepting those NJ (regarding “views” (shiten) and “issues warranting special attention” (ryuu i ten) in accordance with realizing that co-existence society) (Meeting 4).  And finally, the last scheduled meeting for now will bring the previous meetings’ discussions together to consider a 25-year tentative plan for realizing those concrete policies for kankyou seibi.

It’s a better-formed plan and timetable for discussing these issues than I’ve ever seen before (and it’s also been opened to public scrutiny).  All good, but here’s your scrutiny:

I still have no idea what kankyou seibi is (neither do they, I think; that’s why they’re getting together to discuss it).  But the inputs are as usual limited to people (presumably no women, no young people, and no working-class people) who will never be directly affected by this policy because they have never been foreigners in Japan.  I’m probably reading too much into the following, but semantically, NJ are seen as almost a different breed of animal that needs to be studied in their natural habitat.  Still no sign of any of those NJ animals being let in on any GOJ meetings to speak for themselves.

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

Meeting Two was held very promptly afterwards, on June 1, 2012, and for what looks to have been a longer time (two hours on paper).  Here’s the cover page (click to enlarge):

Now involved are three “persons of awareness” (yuushikisha), who are a Mr. Ikegami Shigehiro (a full professor from Shizuoka’s University of Art and Culture, who writes a lot about Indonesian culture and migrant Indonesians; even uses the word “emigrants”), a Mr. Iguchi Yasushi (a former bureaucrat at the Ministry of Labor turned full professor at Kansai Gakuin University, whose specialty is the unemployed and labor migration; here’s his CV in English), and a Mr Satou Gun’ei (Vice Dean at Tokyo Gakugei University’s Center for Research in International Awareness, whose specialty is on transnationals and Japanese language education, particularly Japanese children overseas).

Again, these people are no doubt well-intentioned and well-researched about situations facing NJ in Japan.  But they are not NJ, with “NJ awareness”; there is no substitute for that.

You can see their submitted materials here (along with other materials from that meeting) from these links:

【配付資料】
 資料1 池上氏提出資料
 資料2 井口氏提出資料
 資料3 佐藤氏提出資料
 参考資料1 「外国人との共生社会」実現検討会議の開催について(要綱)
 参考資料2 当面の検討会議スケジュール
 参考資料3 有識者ヒアリング参集者
 参考資料4 外国人との共生社会の実現に向けた主な論点、検討課題(例)

Another brief summary of the materials above:

Mr Ikegami (Material 1) offers an overview that goes beyond Nikkei to include Chinese and Filipinas/nos too.  Aside from overviews of the economic forces at work on NJ labor, he saliently proposes (of note): 1) officially defining “multicultural coexistence” (tabunka kyousei), 2) coordinated entry and social integration procedures, 3) regional coordination that includes NJ, etc.  He also endorses an awareness of “transnational livelihoods”, not dividing the issue into “Japanese and foreigners”, etc.  His heart’s in the right place, but proposals are still at the slogan stage.  I assume he elaborated on his points orally.

Mr Iguchi (Material 2) has a five-pager that still resorts to the divisive “wagakuni” (our country) invective, but still endeavors to portray NJ as deserving something more than just a ticket home.  He stresses the issue of “social integration” (shakai tougou).  He writes a bit of fluff here and there that the bureaucrats are probably not interested in (such as the treatment of Burmese refugees), but does overturn a few unconsidered stones:  how the mixed bag of overseas policies towards foreign “cultural identities” have resulted in potential backlashes if they are not respected; how “multicultural coexistence” is not an imported concept in Japan’s case, but one generated from Japan’s grassroots — i.e., from Japan’s local governments, such as when Kawasaki City passed policies in the 1990s benefiting “foreign-national residents”; how important language is for not only communication, but also for securing permanent residency and citizenship [!!]; how NJ rights must be respected and enforced through Hello Work and local governments [!!], etc.  He advocates immediately 1) the GOJ use the July NJ registration reforms as an opportunity to get Hello Work and local governments helping NJ enlisted in employment insurance and social insurance, as well as to promote secure jobs for them, and 2) get employers to properly insure their NJ employees and ensure flexibility towards covering their families.  He advocates that within the next five years NJ get up to speed in Japanese through standardized education, evaluation, and systematic accreditation of J language teachers.  Beyond that, mid-term suggestions include 1) proper technical accreditation for young NJ trained technicians aimed at properly matched markets, 2) periodic lists of vocations in desperate need of workers and training programs for NJ to fill them, 3) exchanges through educational accords with other countries at the university level to bring in foreign researchers and students (as well as beef up language accreditation for imported NJ workers, with targeted language education for them; example cited being the plight thus far of foreign nurses and health care workers).  His final, underlined conclusion was that to restore Japan’s economic vitality, it is essential to bring in NJ (specifically high-quality foreign labor, Nikkei, technical trainees, and refugees [!!] for specific industries, and to accomplish that, concrete policies are necessary to encourage proper administration of NJ as well as encourage social integration at the national, regional, and local levels.  Surely true.  The attitude, however, is still one of “we’re going to wipe the slate clean and start treating foreigners better from when they enter at the border”, not one of making things better for the NJ already here.  Ah well, gotta start somewhere, I suppose.

Mr Satou (Material 3) offered a bullet-point summary, focusing on 1) the present state of NJ children’s education, 2) evolution of the characteristics of educational policies towards NJ children, 3) issues within those education policies, and 4) future issues with a view towards multicultural coexistence.  Quite frankly, it was jolly difficult for me to understand within which was an observation and which was policy advice.  Some points made that don’t overlap Ikegami’s and Iguchi’s, to wit:  1) education of NJ has not developed into talk of reform of the education system to accommodate them, but rather of how individuals will cope with their education, 2) basic principles of guarantees of rights from the perspective of multiculturalism must be made clear before proper “acceptance” (uke ire) can take place, 3) Japanese children should be schooled in tolerance of others as fellow residents (shimin — rendered later as “citizens” (as in shiminsei no kyouiku, “citizenship education”)).  Good stuff and better constructs included, especially the new civics lessons, but in the end, this came off as a laundry-list outline/survey of issues and problems with relatively unclear proposals.

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

Meeting 3, according to Material 1-4 distributed May 24, 2012, says that the June 15 hearing will involve the mayor of Hamamatsu City, Shizuoka Prefecture (since so many NJ are clustered there working in factories), the unnamed head of Tokyo Shinjuku-ku (where “a lawless zone of foreign crime” Kabukicho is; I assume a bureaucrat?), a Mr Tamura Taro, representative of the Multicultural Center Osaka (which works a lot with Nikkei Brazilian issues), and a Ms Sakamoto Kumiko, head of NPO Aidensha (which works with Portuguese speakers etc. in Mie Prefecture explaining Japan’s rules, helping them get homes and proper insurances, and assisting in translations etc.)

Again, all no doubt well-intentioned people.  A bit top-heavy on the Nikkei Brazilian front, again.  I guess Chinese aren’t prioritized as highly due to a lack of blood ties, and where are the Peruvians, Filippinas/nos, and other NJ?

The remaining materials were essentially repeats of the earlier materials.  Enough; my eyes are tired.  Points I missed or got wrong, please feel free to correct.  Thanks for reading. Arudou Debito

UPDATE JUNE 27, 2012:  MEETING THREE OF JUNE 15, 2012 CRITIQUED HERE:

GOJ Cabinet “Coexistence with NJ” Pt. 2: Critique of June 15, 2012 meeting — a very positive Third Act to this Political Theatre

Commemorating the Japan Times Community Page’s 10th Anniversary, a brief column by Arudou Debito, May 8, 2012

mytest

Books etc. by ARUDOU Debito (click on icon):
Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog. As the very popular and quite influential Community Page at the Japan Times celebrated its 10th Anniversary this week, I was asked (along with their former editor and best reporter) to say a few words as their featured columnist (now for four years plus). Here’s what I said. There are links to other celebratory articles below that. Enjoy, and congrats Community Page. You’re doing great things. Thanks for being there for our writings, and for us. Arudou Debito

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

The Japan Times Tuesday, May 8, 2012
THE ZEIT GIST

A decade serving the community

Wednesday marks the 10-year anniversary of the Community pages, which have been providing news, analysis and opinion by, for and about the foreign community in Japan since May 9, 2002.

Here, an editor, columnist and writer who helped make the section what it is today reflect on the first decade of the Community section.

Full article at http://www.japantimes.co.jp/text/fl20120508zg.html

The Columnist’s section:

The columnist: ARUDOU, Debito

I remember my first article on the Community Page back in June 2002, after I jumped ship as a columnist at the Japan Today website.

Having been an infrequent contributor to other publications, I was impressed by the comparative professionalism at The Japan Times: I was never forced to toe any editorial line by the Community Page (unlike, say, the vanity projects that pass for English-language newspapers at the Asahi and Yomiuri, who tend to take criticism of Japan in English by NJ authors as a personal affront).

It was also nice that the JT paid its contributors the amount as promised promptly, something relatively rare in this business.

Honesty has served the Community Page well. Over the past decade, we have had hundreds of contributors writing exposes on subjects few other domestic outlets would touch, including unequal hiring practices due to nationality, the merits of unionization, international divorces from the studiously ignored NJ partner’s perspective, the Japanese judiciary’s systematic discrimination against claimants based on race or social origin, the biased treatment of NJ crime by police and the media, public policies and government statements that latently and blatantly disenfranchise whole peoples in Japan, one’s rights under the law and revised visa regimes, and even new takes on the perennial debate over the epithet “gaijin.”

Where else in our domestic media could this motley collection of journalists, scholars, pundits, activists and general malcontents consistently splash their views across a page (now two) every Tuesday — and have their presence permanently recorded in this country’s best online archive of English articles on Japan?

For that matter, where else in Japan’s media does anyone even acknowledge that there is a “community” of NJ in Japan, or offer authoritative information specifically for the benefit of this community? Only here.

I have been honored to not only have had more than a hundred of my articles featured here since 2002, but also to have the ideas debated in a venue that people, including academics and Japanese policymakers, take seriously.

For example, my favorite Community Page memory is the reaction from “Forensic Science Fiction: Bad science and racism underpin police policy” (Jan. 13, 2004), where I critiqued the National Research Institute for Police Science’s highly unscientific “DNA tests for foreigners.”. They claimed that you could examine biotic evidence at crime scenes and tell whether the suspect was foreign or not. They sold this snake oil to us taxpayers for years by claiming that “foreign proteins are different than Japanese.”

When I telephoned NRIPS on different business shortly afterwards, the person on the other end immediately knew me by name, and with no invitation launched into a defense of the policy as “having nothing to do with foreigners.”

I then pulled up the policy and read it back to him. “The very title says, ‘Developing an index using biological materials in order to expose foreign crime.’ In case you haven’t figured it out yet, I can read Japanese. Can you?” I got a gasp and then a delicious silence. Plus, in a country where the police ignore media scrutiny and even get away with murder (ZG, Nov. 1, 2011), the NRIPS still felt obligated a month later to send the JT a flaccid letter of denial. Gotcha.

In sum, I have observed three definite stages in the development of the NJ “community” since I got to Japan. In the 1990s, communities were forming during the influx of foreign labor, with some regions reaching double-digit population percentages of NJ. In the 2000s, NJ communities came under attack by xenophobes and chauvinist politicians who firmly believe the fiction that more foreigners means less Japan. And now, in the 2010s, we’re watching the NJ communities attacking themselves, cleaving into one-upping camps over who is “more dedicated to Japan” in this era of perpetual stagnation, rollover disasters and seemingly endless self-sacrifice.

The Community Page, despite all of that, stands as our outlet, and our legacy. Long may it run.

ARUDOU, Debito is the Just Be Cause columnist for The Japan Times
=============================

USG Asst Sec of State links post-divorce Japan child abductions with DPRK abductions of Japanese

mytest

Books etc. by ARUDOU Debito (click on icon):
Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  Some news on the Japan Child Abductions Issue, where Japan has long set itself up as a safe haven for one parent to abscond with their child following separation or divorce (regardless of whether the marriage was international or domestic), what with no joint custody and no guaranteed child visitation in Japan.  Thanks to the Koseki Family Registry system, the divorced couple becomes strangers to each other, and children go on only one parent’s koseki (with the other parent losing all legal title and access to their kids unless the custodial parent approves).  In cases of international/intercontinental separation or divorce, the Japanese partner can abduct their child to Japan (since Japan is not a signatory to the Hague Convention on Child Abductions, and the Japanese embassy does not enforceably require the permission of both parents to issue a Japanese child a Japanese passport), and that’s it — the kids are gone.  Japanese courts have always ruled that the absconder has established “habitual residence” in Japan by dint, so who dares wins.  Meanwhile, despite international protests about the GOJ not being a signatory to the Hague, Japan has been dragging its feet for years now on signing (and as I have argued in the past, will probably caveat its way out of enforcing it anyway, as it has done with other treaties (like the CERD and the ICCPR)).

Finally, enough has become enough for sensible people.  According to articles below, US Assistant Secretary of State Kurt Campbell has once again come out in public making a link between the irony of all the tragedymaking regarding Japanese being kidnapped decades ago by the DPRK (which is indeed a tragedy, yes), yet the lack of tragedy over Japanese still kidnapping international kids.  Good.  We’ve made that comparison before here on Debito.org, and were roundly condemned by the usual suspects for doing so.  (And, as a related tangent, I’ve probably criticized the most by people misquoting me as advocating that foreigners shouldn’t marry Japanese.  No, for the record, I’m saying NOBODY, Japanese or NJ, should get married and have children under the insane family law system in Japan; the risks are too great if parents separate).

As per articles below, the Japanese press is of course rallying the public behind the home team via editorial camouflaged as news (it’s hard to discern even what Campbell actually said).  It’s even trying to instruct the Japanese public how English is different than Japanese.  You see, if a North Korean kidnaps a Japanese, its “abduction” (rachi).  But if a Japanese kidnaps an international child, its “tsuresari” (taking along and disappearing).  But you see, the English language is inflexible — it only has one word for this action:  “abduction”.  So it’s all one big “linguistic misunderstanding”.  Even though, in either case, abduction is what it is.

And if you really want to take this issue to the next level of linkage, consider this comment from a friend:

As noted in Wikipedia, “In 1944, the Japanese authorities extended the mobilization of Japanese civilians for labor to the Korean peninsula. Of the 5,400,000 Koreans conscripted, about 670,000 were taken to mainland Japan . . .”  And the Japanese have the audacity to complain about 20 or so Japanese abducted to North Korea?  The Japanese government should apologize and compensate the 5 million Koreans conscripted 70 years ago before uttering a single word about the actions of North Korea 35 years ago.

So underlying all of this is an issue of hypocrisy, and now the GOJ is probably going to have to resort to its only real defense when cornered on an issue:  agonistic posturing and outrage — trying to derail the issue in favor of maintaining “The Relationship”.  People have fallen for this before (after all, the US wants to keep its military bases and its market to sell inter alia weaponry).  But I’m not sure this issue is really big enough (I think Masumoto has an inflated sense of his own power) to do that.  Let’s keep our eyes on this one, since it’s a good case study of gaiatsu and GOJ policy in the making.  Arudou Debito

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Abductees’ families protest Campbell’s remarks
NHK World Tuesday, May 08, 2012 14:31 +0900 (JST) Courtesy of CS
http://www3.nhk.or.jp/daily/english/20120508_22.html

Families of Japanese nationals kidnapped by North Korea have protested an attempt by a senior US diplomat to link that issue to parental child abductions.

The families met with Assistant Secretary of State Kurt Campbell in Washington on Monday. They say Campbell discussed parents who take their children to Japan without permission after the collapse of their marriages to US partners. They add that Campbell told them he wanted the 2 abduction issues simultaneously resolved and called for Japan’s cooperation.

After the meeting, a senior member of the group, Teruaki Masumoto, told reporters that they strongly rejected Campbell’s comments. He called it unacceptable to regard North Korea’s abductions, in which lives are at risk, in the same light as the custody of children between couples.

The US side reportedly explained that whether they are by a state or by parents after a failed relationship, they are still abductions, highlighting a difference in how the North Korean abductions issue is perceived.
ENDS

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Campbell’s remarks irk kin of Japanese victims of abduction
Mainichi Shimbun May 08, 2012
http://mainichi.jp/english/english/newsselect/news/20120508p2g00m0dm011000c.html

WASHINGTON (Kyodo) — The families of some Japanese victims of abduction by North Korea said they were upset by remarks by Kurt Campbell, the top U.S. diplomat on East Asian policy, in their meeting Monday at which he urged Japan to address the issue of parental child abduction.

Campbell devoted nearly half of his time at the meeting at the State Department to stressing the importance of the parental child abduction issue, according to Teruaki Masumoto, whose sister Rumiko was abducted by North Korean agents.

The United States and other countries are currently pressing Japan to sign an international treaty on dealing with cases of parental child abductions.

Campbell brought the issue up despite saying it was not related to the abductions of Japanese by North Korean agents in the 1970s and 1980s, Masumoto said.

“I told the U.S. side that the parental child abduction is an issue that should be basically resolved between parents, while the abduction (of Japanese by North Korea) is a state crime and the abductees’ lives are at stake,” he told reporters in Washington.

“We cannot accept” that the two issues were raised at the same time, Masumoto added.

Campbell, assistant secretary of state for East Asian and Pacific affairs, was meeting with a Japanese group comprising family members of abduction victims and a cross-party group of Diet members dealing with the issue.

After Campbell later left the room, his deputy Jim Zumwalt explained to the Japanese side that Washington will continue to take up the abduction issue appropriately, Masumoto said.

If the Japanese pubic believed that Washington was linking the two issues, the relationship of trust that has been built between the two countries could collapse, he said.

“We will urge the United States to firmly understand that the abductions (by North Korea) are a vital matter,” he said.

Takeo Hiranuma, who heads the Diet members’ multiparty caucus, said he has no intention of raising the U.S. response in the meeting as a political issue.

U.S. officials with whom the families of the Japanese abductees and supporting lawmakers met included Robert King, special envoy for North Korean human rights, Glyn Davies, special representative for North Korean policy, and David Cohen, deputy secretary of treasury for terrorism and financial intelligence.

The Japanese group also provided the U.S. government with “convincing information” about David Sneddon, a native of Utah who was possibly abducted by North Korea while in China in 2004.

The group said they plan to meet with U.S. lawmakers from Utah on Tuesday.

Japan will seek Diet passage of a bill to ratify the 1980 Hague Convention on the Civil Aspects of International Child Abduction during the current session through June.

Japan is the only member of the Group of Eight developed countries yet to join the treaty.

ENDS

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 JAPAN TIMES CITES SAME KYODO ARTICLE
http://www.japantimes.co.jp/text/nn20120509a9.html
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拉致と親権同一視と抗議 被害者家族、米高官に
西日本新聞 2012年5月8日 Courtesy of CS
http://www.nishinippon.co.jp/nnp/item/301021

【ワシントン共同】訪米中の拉致被害者家族会の増元照明事務局長は7日、ワシントンで記者団に、キャンベル国務次官補(東アジア・太平洋担当)と同日面会した際、国際結婚が破綻した夫婦の一方が無断で子どもを日本に連れ帰る事例と、北朝鮮による拉致問題とを同一視するかのような発言があったため強く抗議したと述べた。

米側は日本政府に対し、国際的な親権問題に対処する「ハーグ条約」早期批准を要請。英語では親権問題でも子どもを一方的に連れ帰ることを「拉致」と表現する。このため米国内では北朝鮮による拉致問題を訴える日本側に対し、親権問題も同じ「拉致」問題だと主張する声がある。
ENDS

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ハーグ条約 子の連れ去りと同一視」 拉致家族会、抗議
東京新聞 2012年5月8日 夕刊 Courtesy of CS
http://www.tokyo-np.co.jp/article/world/news/CK2012050802000236.html

【ワシントン=竹内洋一】訪米中の拉致被害者家族会の増元照明事務局長は七日、ワシントンの国務省で複数の同省高官と面会した際、キャンベル国務次官補(東アジア・太平洋担当)が、外国人と離婚した日本人の親が子どもを連れ帰る問題と、北朝鮮による拉致問題を同一視するかのような発言をしたとして、強く抗議したことを明らかにした。

面会では、家族会の飯塚繁雄代表らが拉致問題解決への協力を米側に要請。家族会側によると、キャンベル氏は拉致問題とは別の問題と断った上で、国際結婚が破綻した夫妻の子どもの扱いを定めた「ハーグ条約」を日本政府が早く批准するよう促したという。増元氏は「拉致は北朝鮮による国家犯罪であり、夫婦の親権問題とは違う」と反論した。

日本政府は米政府の要請を踏まえ、ハーグ条約加盟に向け関連法案と条約承認案を国会に提出。面会には拉致議連の平沼赳夫会長ら衆参議員も同席しており、キャンベル氏は国会の審議促進を求めたとみられる。英語では国際結婚が破綻した親が、子どもを連れ去ることを「拉致」と同じ意味の「アブダクション」と表現する。
ENDS

ENDS

Japan Times JUST BE CAUSE column May 1, 2012, “Yes, I can use chopsticks: the everyday ‘microaggressions’ that grind us down”

mytest

Books etc. by ARUDOU Debito (click on icon):
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justbecauseicon.jpg

UPDATED MAY 12, 2012

Hi Blog.  Before I get to the text of this column, I just want to say thank you to the readership for making IT probably my most read and most positively-received.

It stayed for well over a week within the Top Ten Most Read Articles on the Japan Times Online (almost every day in and out of the #1 spot), and garnered more than 4300 Facebook “Likes”, a personal record for me.  I wonder if it is for the JT too.  It also occasioned a JT Poll, which received more than 6000 responses (well over double the usual number), with nearly half saying “I’ve got a point”:

A piece of your mind: Gaijin and ‘micro-aggressions’ 

Debito Arudou’s column this week denounced rote questions aimed at gaijin [sic] as “micro-aggressions.” What do you think?

Options:

He’s got a point. Those little things wear you down.

Annoying, yes, but real communication can come later.

It’s not a big deal. People are just naturally curious about non-Japanese.

It’s beyond annoying. I find it very offensive.

Well, I didn’t want to take hits away from the JT while it was still trending, so until this update I just had a link to the column there and approved comments in real time below.  Now I’ll attach the text with links to sources.

Again, I want to thank everyone for their reading, commenting, and support.  I really appreciate it.  I hope to do columns that resonate as much in future.  Arudou Debito

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

The Japan Times Tuesday, May 1, 2012
JUST BE CAUSE
Yes, I can use chopsticks: the everyday ‘microaggressions’ that grind us down
By ARUDOU, Debito
Column 51 for the Japan Times Community Page, version with links to sources.
Courtesy http://www.japantimes.co.jp/text/fl20120501ad.html

Have you ever noticed how many interpersonal interactions in Japan are like “speed dates” of set questions?

For example, the taxi drivers who have the odd fascination about where you’re from, whether you’re married, how much you like Japan, and how hard you think the Japanese language is?

The barkeeps and clientele who try to slot you into their hackneyed preconceptions of some country and nationality, what you can and cannot eat, and (as things get drunker) how much you enjoy having physical liaisons with Japanese?

The neighbors who have a white-hot curiosity about how differently you raise your kids, what you fight with your spouse about, and how much you like Japan — regardless of how many years you’ve been interacting?

In the beginning, these were dismissible as just acts of awkward friendliness by people who didn’t know how else to approach you. It at least made you really good in certain areas of Japanese conversation.

But after years of repeat games, boredom sets in, and you begin to realize two things: 1) that you can sleepwalk through most conversations, and 2) that, if you stay awake, you see there is a larger issue at play here: social control — something increasingly recognized by social psychologists as “microaggressions.”

Microagressions, particularly those of a racialized nature, are, according to Dr. Derald Wing Sue in Psychology Today (Oct. 5, 2010), “the brief and everyday slights, insults, indignities, and denigrating messages sent to (visible minorities) by well-intentioned (members of an ethnic majority in a society) who are unaware of the hidden messages being communicated.”

They include, in Japan’s case, verbal cues (such as “You speak such good Japanese!” — after saying only a sentence or two — or “How long will you be in Japan?” regardless of whether a non-Japanese (NJ) might have lived the preponderance of their life here), nonverbal cues (people espying NJ and clutching their purse more tightly, or leaving the only empty train seat next to them), or environmental cues (media caricatures of NJ with exaggerated noses or excessive skin coloration, McDonald’s “Mr. James” mascot (JBC, Sept. 1, 2009)).

Usually these are unconscious acts grounded in established discourses of interactions. Nobody “means” to make you feel alienated, different, out of place, or stereotyped.

But microaggressions are also subtle societal self-enforcement mechanisms to put people “in their place.” For NJ, that “place” is usually the submissive status of “visitor” or “guest,” with the Japanese questioner assuming the dominant position of “host” or “cultural representative of all Japan.”

It’s a powerful analytical tool. Now we have a word to describe why it gets discomfiting when people keep asking if you can use chopsticks (the assumption being that manual dexterity is linked to phenotype), or if you can eat nattō (same with taste buds), or if you’ll be going “home” soon (meaning Japan is just a temporary stop in your life and you don’t belong here). It can even help you realize why it’s so difficult for the NJ long-termer to become a senpai in the workplace (since NJ subordination is so constant and renewed in daily interaction that it becomes normalized).

Now let’s consider microaggression’s effects. Dr. Sue’s research suggests that subtle “microinsults and microinvalidations are potentially more harmful (than overt, conscious acts of racism) because of their invisibility, which puts (visible minorities) in a psychological bind.”

For example, indicate that you dislike being treated this way and the aggressor will be confused; after all, the latter meant no harm, so therefore the NJ must just be overly “sensitive” — and therefore also “troublesome” to deal with. Resistance is not futile; it is in fact counterproductive.

Yet do nothing and research suggests that “aggressees” become psychologically drained over time by having to constantly question the validity of their position and devote energy to dealing with this normalized (and after a while, predictable) “othering” that nobody else (except — shudder — the alienated NJ barflies) seems to understand.

So in come the coping strategies. Some long-termers cultivate a circle of close friends (hopefully Japanese, but rarely so: JBC, Aug. 2, 2011), others just become hermits and keep to themselves. But those are temporary solutions. Sooner or later you have to take a taxi, deal with a restaurateur, have words with your neighbors.

And then, like it does for the hikikomori (the “shut-ins,” who are also victims of other strains of microaggression), you begin to dread interacting with the outside world.

Therein lies the rub: Microaggressions have such power because they are invisible, the result of hegemonic social shorthand that sees people only at face value. But your being unable to protest them without coming off as paranoid means that the aggressor will never see that what they say might be taken as prejudiced or discriminatory.

The power of microaggression is perhaps a reason why activists like me occasion such venomous and obsessive criticism, even online stalkers.

I happen to fight the “big fights” (such as “Japanese Only” signs and rules, official propaganda about foreign crime). But I also fight microaggressions (the racist word “gaijin,” the oddly destructive platitude of “ganbatte,” the effects of NJ being addressed by name without a “san” attached), because after decades of experience I know where they lead to: perpetual subordinate status.

Alas, my actions to stem or deter this just make me look alarmist, reactionary and paranoid in the eyes of the critics (especially the NJ ones, who seem to think I’m somehow “spoiling” Japan for them), either because they haven’t experienced these microaggressions for themselves, or because they live in denial.

“Know how to pick your battles,” some decry. Fortunately, the battle is partially won, because now this dynamic of low-level aggression and “othering” is less invisible. We finally have a word in the English language (hopefully someday in Japanese too) to identify it, and social scientists endeavoring to quantify it.

Someday we just might be able to empower ourselves away from our own microaggressive self-policing of preconception and prejudice. And we will gain the appropriate respect for those brave enough to stand up to it. And at least the daily questions might become less boring!
===========================

Arudou Debito has written the Hokkaido section for the 20th edition of Fodor’s Japan guidebook, which is out now. Twitter @arudoudebito. Just Be Cause appears on the first Community pages of the month. Send comments on this issue and story ideas to community@japantimes.co.jp

ENDS

JT Community Page 10th Anniversary: Write a Haiku, win a copy of Debito’s HANDBOOK

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
Novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog. As I wrote last week, next week heralds a celebration of the Tenth Anniversary of the Japan Times’ Tuesday Community Page. As I’ve written about 100 articles and JBC columns for it so far, I’ll be doing double duty next week with two articles, one in commemoration, and one a regular JBC column (more on the topic shortly before publication).

This week, however, in anticipation, the JT announced that it would be offering FIVE free copies of Akira Higuchi and Arudou Debito’s bilingual HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS (more on it here), which has been a solid and steady seller, what with all the information about getting the right visa, getting a steady job, getting settled for a permanent life in Japan, and dealing with problems and issues that may come up. Table of Contents and reviews here.

That’s right, five free copies of HANDBOOK, and all you have to do is write a Haiku in English about Japan — “the good, the bad and the ugly”. Some examples (there are many more at the link) by Zeit Gist contributor Colin Jones this week include:

http://www.japantimes.co.jp/text/fl20120424lg.html

Random card checking
Fingerprints at the airport
Yokoso Japan!

Non-Japanese folk
Have constitutional rights
Except when they don’t

Barred from the hot springs
for invisible tattoo
It says “foreigner”

Now, those are my kinda Haiku. And no doubt we’ll have some anti-Debito ones too (taste the irony of being rewarded by the very person you’re dissing!). Go for it!  Submit via:

http://www.japantimes.co.jp/life/community-anniversary.html

Happy Anniversary, Community Page!  Arudou Debito

Japan Times Community Page 10th Anniversary: Vote for your favorite article at JT by May 5

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
Novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
UPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS on iTunes, subscribe free

Hi Blog. Let me commemorate a special event. The Japan Times Community Page, a forum for NJ issues etc. that comes out every Tuesday, is celebrating its 10th Anniversary next month. They are having a retrospective and competition (with prizes) for choosing the best article (I have had the honor of contributing about a hundred so far), and you can vote online at the JT from the link and article below.

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

A decade serving the community
http://www.japantimes.co.jp/life/community-anniversary.html
On May 8, the Japan Times will celebrate the 10-year anniversary of the Community pages, which have been providing news, analysis and opinion by, for and about the foreign community in Japan since May 9, 2002. To mark the occasion, we are asking readers to pick their favorite Zeit Gist article of the past decade, be it a memorable scoop, informative feature or scathing critique.

In return, The Japan Times is offering readers the chance to win a B4-size poster (above) illustrated by longtime Community artist Chris Mackenzie.

Alternatively, winners can opt for one of 10 copies of “3.11: One Year On,” a 64-page Japan Times Special Report bringing together JT articles from the past year about the triple disasters in Tohoku and their aftermath. Please state your preference on the form below. This offer ends at 5 p.m. JST on Friday, May 5.

The following are the Community editor’s picks of just some of the standout Zeit Gist articles of the last decade. Some were chosen because they help tell the story of of the last 10 years in Japan, others because the articles proved to be extremely popular – and in some cases simply because they are great reads.

Please feel free to pick another story from among the close to 500 Zeit Gists

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

Short list of the editor’s picks at
http://www.japantimes.co.jp/life/community-anniversary.html

Debito has two of those articles listed, “Punishing foreigners, exonerating Japanese” (on skewed criminal jurisprudence by nationality), and “Demise of crime magazine historic” (on the GAIJIN HANZAI magazine and how we not only got it off the shelves, but also helped drive the slimy publisher bankrupt). Or you can see titles and links to all the Community Page articles I’ve ever written, with one-line synopses, at https://www.debito.org/publications.html#JOURNALISTIC

(The one I think I’m most proud of, for the record, is “FORENSIC SCIENCE FICTION:  Bad science and racism underpin police policy” (January 13, 2004))

I will also be doing double-time next month when, in addition to my regular column, I’ll be offering a 600-word retrospective as the Community Page columnist and contributor from the beginning.

Anyway, The Community Page has been a good thing, giving not only a sense of NJ community but also of legacy, so let’s give it due commemoration. Thanks as always for reading both here and there. Arudou Debito

Mainichi: 23 percent of Japan’s top firms eager to employ more NJ. Why this is not newsworthy.

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

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Hi Blog.  Yet another survey (the last one put up on Debito.org was featured in the Asahi back in April 2010) says that Japanese companies want to hire foreigners.  It’s just that, well, like last time, y’know, it’s one thing to say you want something to happen, but it’s another thing (i.e., actual news) when you make it happen.  But the lack of job-placement support for NJ graduates of Japanese universities, and the horrid treatment of Michael Woodford (who rose through the ranks to CEO over decades of dedication to the company, only to be sacked for “cultural reasons” in an Olympian sea of corruption), do not inspire hope for any real news on this front any time soon.  Arudou Debito

Submitter JK comments:  “I would say this is good news, so long as the leadership of these 28 firms don’t conduct themselves like Olympus.  The companies cited (i.e. Fast Retailing and Aeon) seem to ‘get it’…for these two cases, would you say that, ‘Don’t work for a Japanese company as an NJ and expect equality and upward mobility’ is still applicable?”

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23 percent of Japan’s top firms eager to employ more foreigners: survey

Mainichi Shimbun, January 4, 2012
PHOTO CAPTION:  Foreign students studying in Japan listen as a company representative explains his firm’s recruitment plan during a recruitment seminar held at Pasona headquarters in Chiyoda Ward, Tokyo, on Oct. 16. (Mainichi)

Some 23 percent of Japan’s top 122 companies are considering employing more foreigners starting from next year, citing plans for overseas expansion as their main incentive, a Mainichi survey has revealed.

Sixty-two companies, some 50.8 percent of all firms surveyed, further answered that they are likely to hire more foreign employees in the next 10 years as well.

Conversely, 45 companies, or 36.9 percent, answered that their foreign employee numbers will remain unchanged. There were no firms that plan to decrease foreign employment from current figures.

The survey, conducted between mid-November and mid-December 2011, sought responses from top executives of leading firms including Fast Retailing Co., Aeon Co., Dai Nippon Printing Co., and Hitachi Ltd.

A strong inclination for hiring foreign employees was observed mainly among companies with overseas expansion ambitions. Fast Retailing Co., the owner of casual wear chain Uniqlo, stated “more overseas shops” as the main reason for the increase, while Aeon Co., another retail giant, cited the necessity of increasing employees from other Asian countries due to the company’s plans for further expansion on the continent.

Meanwhile, companies judged economic prospects in Japan as either declining or about the same as last year. Nearly 90 percent of all companies expressed concern over the rising yen as their prime economic anxiety.

Asked to assess current economic conditions, 66 firms (54.1 percent) answered they had remained unchanged — a sharp increase from the total of 44 firms (37 percent), which gave the same answer in last year’s July-August survey.

There were no companies that judged current economic conditions as “improved” and only 34 firms (27.9 percent) answered that the economy is gradually improving. The figures were higher during last year’s survey, when a total of 62 companies (52.1 percent) said the economy was improving.

Meanwhile, 21 companies (17.2 percent) judged current economic conditions as either “deteriorating” or “gradually deteriorating,” yet another sharp increase from last year’s 13 companies (10.9 percent) that said so in the 2011 survey.

Europe’s ongoing debt crisis, the yen’s appreciation, and the influence of Thailand’s floods are believed to be some of the reasons behind companies’ worsened economic outlook.

The survey also found that nearly half of all companies (59 firms, or 48.4 percent) believe the economy will stay unchanged in the near future, while 43 firms (35.2 percent) said they expect it will improve.

Furthermore, when asked what the future held for Japan’s employment system, 36 companies answered that they foresee an increase in mid-career recruitment ten years from now, while 20 firms chose “enforcement of merit-based salary” among the provided multiple-choice suggestions.

Click here for the original Japanese story

(Mainichi Japan) January 4, 2012

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主要122社アンケ:23%が新卒採用で外国人増
http://mainichi.jp/select/today/archive/news/2012/01/03/20120104k0000m020056000c.html

主要122社アンケ:23%が新卒採用で外国人増

2012年1月3日 19時48分 更新:1月3日 23時38分

 毎日新聞が3日まとめた主要122社を対象としたアンケートで、13年春入社予定の新卒採用で外国人を増やすと回答した企業は全体の23.0%にあたる28社にのぼった。進出先の海外で雇用を増やすなど、海外の成長市場の取り込みに力を入れるためだ。10年後に外国人社員が増えると答えた企業は半数超の62社(50.8%)だった。日本経済の懸念材料に「円高」を挙げた企業は9割弱の106社にものぼり、円高で海外に活路を求める企業は今後も増えそうだ。

また、景気の現状を「横ばい」と答えた企業が54.1%の66社と半数を超え、昨年7~8月の調査(119社が対象)の44社(37.0%)から大幅に増加。「回復」の回答が減り、景気の回復ペースの鈍化が浮き彫りになった。アンケートは、昨年11月中旬~12月中旬に行い、原則、各企業の社長・会長に回答を求めた。

13年春に外国人採用を「増やす」としたのは、「海外出店の加速」(ファーストリテイリング)、「アジアシフトの中期経営計画に基づきアジアで採用を増やす」(イオン)など、海外での事業拡大を急ぐ企業が目立った。「変わらない」と答えた企業は45社(36.9%)、「減らす」はゼロだった。

10年後の雇用の変化(複数回答)では、「中途採用の増加」(36社)、「能力給の度合いを強化」(20社)を挙げる企業も目立った。

景気の現状について、「回復」と答えた企業はゼロで、「緩やかに回復」は34社(27.9%)。東日本大震災の影響からの回復途上だった昨夏の調査では、合わせて計62社(52.1%)だったが、大幅に減った。「欧州債務問題の深刻化、円高、タイの洪水の影響など環境が悪化している」(大日本印刷)など、「悪化」「緩やかに悪化」と答えた企業が計21社(17.2%)あり、昨夏調査の計13社(10.9%)から増えた。

景気の先行きは、「横ばい」が、ほぼ半数(59社、48.4%)を占めたが、「復興需要が本格的に出てくる」(日立製作所)など、「良くなる」と答えた企業も3割強(43社、35.2%)あった。【浜中慎哉】

ENDS

Congratulations Donald Keene on getting Japanese citizenship. Now stop making yourself out to be somehow morally superior to NJ.

mytest

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Hi Blog. Good news.  Congratulations to The Don for getting his Japanese citizenship, and on what looks to be an expedited schedule (of only four months, according to the Yomiuri below.  Of course; the guy is in his ninetieth year!)  I think it’s good that an old man can realize his twilight dreams, and take advantage of opportunities that he has clearly earned as a contributor to Japan in the world.

Quoth Donald in the above press conference:  「日本人として犯罪を起こさないことを誓います」(As a Japanese, I swear not to commit any crimes.)  

That said, I don’t believe that gives him license to continuously bad-mouth other NJ, whom he yet again essentially accuses of desertion, according to the Asahi article trumpeting the news of his successful application below (translation mine):

“…[Keene] received Japanese Permanent Residency, but after the Great East Japan Earthquake, knowing about the large numbers of foreigners that distanced themselves from Japan, he said, ‘I came to Japan, where I will always stay. I believe in Japan, is what I wanted to broadcast.'”

Well, if you really said this as reported (and you certainly seem to have done so in the past), then screw you, Donald. As I’ve said before here and here, not only are you buying into this whole J media-generated gaijin-bashing “Flyjin” phenomenon (in ways unbecoming a bona fide academic researcher), but your making yourself out to be more holier-than-thou than other foreigners is childish, pandering, and disrespectful of other people making their own life choices.

And it shows a remarkable naiveté regarding Japan and life in general, since will you never have to face a life in Japan as a non-elite NJ laborer in Japan; moreover, as I’ve said before, as a nonagenarian you won’t be around for any denouement.  Just shut up and take your kudos with grace, already, without denigrating others.  Do something to lose that “mean-old-man” stink you’re repeatedly and needlessly airing in public.  Arudou Debito

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ドナルド・キーンさん、日本国籍取得 震災後永住を決意
朝日新聞 2012年3月8日  Courtesy of Mark in Yayoi
http://www.asahi.com/national/update/0308/TKY201203080224.html

日本文学者のドナルド・キーンさん(89)が8日、日本国籍を取得し、記者会見した。約40年間、研究・著作活動で米国と日本を行き来し、日本の永住権も取得していたが、東日本大震災後、多くの外国人が日本を離れたと知って「私は日本に行き、ずっといる。(日本を)信じます、と知らせたかった」と話した。

キーンさんは1974年から東京都北区に暮らし、同区の宣伝役「アンバサダー」を務める。戸籍名は「キーン ドナルド」、通称で「鬼怒鳴門(キーンドナルド)」という漢字名も使う。栃木県の鬼怒川と、徳島県の鳴門からとった。

震災後の日本について、キーンさんは「率直に言って、がっかりしている」という。直後は東京からあかりが消えエレベーターも止まり「力を合わせて東北の人を助けている」と感じたが、「いまは明るく、必要のない(電光)看板がたくさんある。東京だけではない。もう忘れているのではないか」と辛口だった。
ENDS

More trappings of The Don’s legacy:

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ドナルド・キーン記念館設立へ 新潟・柏崎で蔵書贈呈式
朝日新聞 2011年12月4日
http://www.asahi.com/national/update/1203/TKY201112030538.html
米ニューヨーク市のハドソン川近くにあったキーンさんの自宅の書斎。柏崎の記念館内に居間と合わせてそっくり再現される=ブルボン提供

記念館に再現されるキーンさんの自宅の居間など。間仕切りや扉をそっくり柏崎に運んできた=ブルボン提供

記念館への思いを語るドナルド・キーンさん=柏崎市諏訪町
[PR]

日本文学研究で知られ、東日本大震災後に日本永住を決めたドナルド・キーンさん(89)の記念館が2013年秋、新潟県柏崎市にできることになった。3日にキーンさんが同市を訪れ、収蔵する書籍や家具の贈呈式が行われた。

キーンさんは07年、柏崎を舞台にした古浄瑠璃の復活を働きかけ、300年ぶりの復活公演に結びつけた。この縁を生かそうと菓子製造のブルボン(同市)が記念館建設を計画した。

同社研修センター2階の約360平方メートルを改装。キーンさんが約30年間暮らし、日本文化を世界に発信する拠点だった米ニューヨーク市の書斎と居間を再現する。寄贈された書籍約1700点、レコードとCD各約300点、家具や調度類約100点も展示する。

ENDS

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「東北にも奇跡」永住決めたドナルド・キーンさん来日
朝日新聞 2011年9月2日
http://www.asahi.com/national/update/0901/TKY201109010409.html

来日し、報道陣の取材に応じるドナルド・キーンさん=1日午後、成田空港第1ターミナル、長屋護撮影

日本文学研究で知られ、日本での永住を決めているドナルド・キーン米コロンビア大学名誉教授(89)が1日午後、成田空港に到着した。キーンさんは9月下旬に日本国籍取得の申請手続きをする予定で、「国籍を取得するとなると、今まではあまり読んでこなかった政治や経済についても、詳しく知る責任がある」と話した。

報道陣から東日本大震災について質問されたキーンさんは「希望があれば乗り越えることができる。終戦直後、私が訪れた東京は煙突しか残っていない街だったが、いまは立派な都会になった。東北にも奇跡は起こる」と話した。何度も訪れたことのある岩手県の中尊寺には近く、2~3泊の予定で足を運びたいという。(山田優)

ENDS

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Here’s the Yomiuri’s take, with The Don not only bashing NJ and coming here for the sake of “enduring hardships with the Japanese”, but also traipsing off to Africa and India next month, like most Japanese can to escape their hardships.

Keene becomes Japanese citizen

The Yomiuri Shimbun (Mar. 9, 2012), courtesy of JK

http://www.yomiuri.co.jp/dy/national/T120308006608.htm

Donald Keene speaks to The Yomiuri Shimbun in Tokyo on Thursday morning after learning he has been granted Japanese citizenship.

Donald Keene, a prominent scholar of Japanese literature and culture, has been granted Japanese citizenship, the Justice Ministry announced in a government gazette issued Thursday.

Keene, 89, decided to permanently live in Japan following the Great East Japan Earthquake.

A professor emeritus at Columbia University, Keene studied Japanese literature and culture after serving as an interpreter for U.S. forces during the Pacific War.

Regarded as an authority in the field, he received the Order of Culture in 2008.

He expressed his intention to obtain Japanese citizenship after the March 11 disaster.

“I love Japan,” Keene said, while explaining his decision to move to Japan at a press conference following his last lecture at Columbia University. He now lives in Tokyo.

===

Keene expresses gratitude

Keene expressed his joy over the news that he has been granted the Japanese citizenship in an exclusive interview with The Yomiuri Shimbun at his home in Tokyo on Thursday.

“I’m so glad to finally be able to become Japanese,” a smiling Keene said.

“If my decision encourages the Japanese people, it’s a great joy.”

Keene was informed of the decision by phone by a Justice Ministry official on Thursday morning. He said he expressed his appreciation to the official, repeatedly saying, “Thank you.”

Right after the March 11 disaster, Keene saw the stoic suffering of people in the Tohoku region on TV.

Worried over the news that an increasing number of foreigners were leaving the country, Keene made up his mind to permanently live in Japan. “I wanted to endure the hardships with the Japanese, who had taken good care of me, at a difficult time like this,” he said.

Keene applied for Japanese citizenship in November last year.

He wondered how long it would take to obtain citizenship, but officials only told him it would take some time. He sometimes expressed his anxiety to people around him, saying, “As I’m already 89 years old, I don’t have much time left.”

In the end, he obtained his citizenship in only about four months.

“Donald Keene” became his pen name, and his Japanese name is now Kiin Donarudo.

Starting next month, he will travel by ship to India and Africa for vacation.

“[After returning to Japan], I’ll continue to work more diligently in a suitably Japanese way. I also want to contribute to areas affected by the disaster,” he said with a smile.

ENDS
///////////////////////
Sankei:

「待っていた知らせ」 日本国籍取得のキーン氏 漢字表記は「鬼怒鳴門」

産經新聞 2012.3.8 20:22
日本国籍を取得し、記者会見するドナルド・キーン氏=8日午後、東京・北区役所日本国籍を取得し、記者会見するドナルド・キーン氏=8日午後、東京・北区役所

 海外における日本文学研究の第一人者、ドナルド・キーン米コロンビア大名誉教授(89)の日本国籍取得が認められ、8日付の官報で告示された。キーン氏は同日、名誉区民となっている東京都北区の区役所で会見し、「待っていた知らせで、非常にうれしい」と日本語で喜びを語った。

キーン氏は、これまで1年の半分を日本で過ごしてきたが、昨年1月ごろ永住を決意。東日本大震災後、多くの外国人が帰国する状況を知って、「日本を信じることを示したかった」と日本定住への意志をさらに強固にしたという。昨年9月に来日し、講演や執筆活動を精力的に行ってきた。

この日は北区から、自身で考えた「鬼怒(キーン・ド)鳴門(ナルド)」という漢字表記の名刺を贈られた。名刺の拡大コピーを手にしたキーン氏は、「(執筆などはカタカナ表記の名前を用いるため漢字の名刺は)人を笑わせるために使いたい」と述べ、周囲を笑わせた。

ENDS

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The Yomiuri gives a picture of a possible Messiah Complex:

率直に言うとガッカリ…キーンさん、復興で苦言

(2012年3月9日08時54分  読売新聞)

http://www.yomiuri.co.jp/national/news/20120309-OYT1T00135.htm

「率直に言うと、がっかりしています」――。日本国籍を取得した日本文化研究者のドナルド・キーンさん(89)は、8日の記者会見で「鬼怒」の雅号通り、震災後の日本の状況にあえて苦言を呈した。

「日本人は力を合わせて東北の人を助けると思っていました」。会見で終始朗らかなキーンさんだったが、震災の話になると表情が引き締まった。そして、「東京は(電気が)明るい。必要のない看板がたくさんある。東京だけではない。忘れているんじゃないか。まだやるべきことは、いっぱいあると思います」と語った。

「わたしは今まで、ある意味、日本のお客さんだった」と振り返ったキーンさんは、国籍取得を機に日本の現状に意見を言うことも考えている。「もしいいことができるとすれば、私のためでなく、日本人のためだと思います」と話した。

ENDS

Mainichi: NJ held by immigration sharply down after reviewing rules

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

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Hi Blog. Speaking of incarceration of NJ under unreviewed circumstances (start here), here is what happens when the GOJ suddenly starts, as encouraged by the United Nations and even domestic think tanks such as JIPI, to actually REVIEW its own rules:  They discover that not as many NJ need to be incarcerated.  Quite a few of not as many.  Very high percentages, even.

Well, how about that.  Glad this happened, and got some press too.  May it happen more often, so that the NPA and Immigration realize that there are some boundaries to their power of interrogation and incarceration, even if (and especially if) the incarcerated happen to be NJ (who are even, according to here as well as the article below, committing suicide rather than take any more of this inhumane treatment).  Arudou Debito

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Foreigners held by immigration sharply down after reviewing rules
(Mainichi Japan) February 4, 2012, courtesy of JK
http://mdn.mainichi.jp/mdnnews/news/20120204p2g00m0dm013000c.html

TOKYO (Kyodo) — The number of foreign nationals detained one year or longer by Japanese immigration officials dropped significantly after a review of procedural rules for a more flexible approach in response to criticisms about the treatment of long-term detainees, data for last year showed.

As of August 2011, a total of 167 foreign nationals were held for at least six months at immigration facilities in Ibaraki, Osaka and Nagasaki prefectures, according to the Justice Ministry.

Many of them are believed to have overstayed their visas and were waiting to be deported to their native countries or undergoing procedures to seek asylum in Japan.

Those who were held for at least one year totaled 47, down sharply from 115 at the end of 2009. The Justice Ministry said it has been actively releasing those who are subject to deportation but it sees no need for holding in custody since July 2010.

The Japanese government came under fire for its long-term detentions in 2007 by the United Nations, which recommended that detention periods should be limited.

A large number of detainees staged hunger strikes as well, as a string of suicides ensued apparently over their dissatisfaction with how they were treated while in detention.

Support groups and lawyers’ associations have repeatedly called on the government to make improvements on the treatment of detainees.

Faced with claims that it was taking too long to conduct asylum reviews, the Justice Ministry has since adopted a policy to process them within six months in principle.

As a result, the number of cases without any decision to grant asylum after six months dropped to 35 as of March 31, 2011, a whopping drop from 612 at the end of June 2010.

Immigration officials also took an average 12.6 months to review asylum cases between July and September 2010 and 14.4 months between October and December 2010.

The periods were curtailed to 4.7 months and 5.2 months in the same periods the following year.

(Mainichi Japan) February 4, 2012
ends

My Japan Times JUST BE CAUSE Column #48: “These are a few of my favorite things about Japan”, Feb. 7, 2012

mytest

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justbecauseicon.jpg

Hi Blog.  This essay was again in the top five “most read articles” on the Japan Times all day yesterday, thanks everyone!  And according to my editor, I have pioneered the use of the word “turtle-heading” in the JT (aw, shucks!).  Enjoy!  Arudou Debito

The Japan Times Tuesday, Feb. 7, 2012
JUST BE CAUSE, Column 48

These are a few of my favorite things about Japan

The excellent illustrations, as always, by Chris Mackenzie.

The Just Be Cause column has been running now for four years (thanks for reading!), and I’ve noticed something peculiar: how commentators are pressured to say “nice” stuff about Japan.

If you don’t, you get criticized for an apparent “lack of balance” — as if one has to pay homage to the gods of cultural relativism (as an outsider) or tribal commonalities (as an insider).

This pressure isn’t found in every society. Britain, for example, has a media tradition (as far back as Jonathan Swift, William Hogarth and George Cruikshank) where critics can be unapologetically critical, even savage, towards authority (check out Private Eye magazine).

But in Japan, where satire is shallow and sarcasm isn’t a means of social analysis, we are compelled to blunt our critique with pat niceties. Our media spends more time reporting nice, safe things (like how to cook and eat) than encouraging critical thinking.

Likewise, Just Be Cause gets comments of the “If Debito hates Japan so much, why does the JT keep publishing him?” ilk — as if nobody ever criticizes Japan out of love (if we critics didn’t care about this place, we wouldn’t bother).

Moreover, why must we say something nice about a place that hasn’t been all that nice to its residents over the past, oh, two stagnant decades (even more so since the Fukushima nuclear disaster)? Japan, like everywhere else, has problems that warrant attention, and this column is trying to address some of them.

Still, as thanks to the readership (and my editor, constantly put off his beer defending me in bars), I’ll succumb and say something nice about Japan for a change. In fact, I’ll give not one, but 10 reasons why I like Japan — enough to have learned the language, married, had children, bought property, taken citizenship and lived here nearly a quarter-century.

Leaving out things like cars, semiconductors, consumer electronics, steel, etc. (which have been written about to death), Japan is peerless at:

 

News photo

 

10. Public transport

Overseas, I’ve often found myself saying, “Curses! I can’t get there without a car!” but even in Hokkaido I could find a way (train, bus, taxi if necessary) to get practically anywhere, including the outback, given a reasonable amount of time.

How many cities the size of Tokyo can move millions around daily on infrastructure that is, even if overcrowded at times, relatively clean, safe and cheap? Not many.

 

News photo

 

9. Seafood

Japan’s irradiated food chain notwithstanding (sorry, this has to be caveated), dining in Japan is high quality. It’s actually difficult to have a bad meal — even school cafeterias are decent.

World-class cuisine is not unique to Japan (what with Chinese, Italian, Thai, Indian, French, etc.), but Japan does seafood best. No wonder: With a longer history of fishing than of animal husbandry, Japan has discovered how to make even algae delicious! Japanese eat more seafood than anyone else. Justifiably.

 

News photo

 

8. Onomatopeia

I am a Japanese kanji nerd, but that’s only the bureaucratic side of our language. Now try gitaigo and giseigo/giongo — Japanese onomatopoeic expressions. We all know gussuri and gakkari. But I have a tin ear for pori pori when scratching the inside of my nose, or rero rerowhen licking something, or gabiin when agape.

Japanese as a language is highly contextualized (say the wrong word and mandarins just sit on their hands) and full of confusing homophones, but the universe of expressiveness found in just a couple of repeated kana is something I doubt I will ever master. My loss.

 

News photo

 

7. Packaging

Stores like Mitsukoshi cocoon your purchase in more paper and plastic than necessary. But when you really need that cocoon, such as when transporting stuff, you’re mollycoddled. Japanese post offices offer boxes and tape for cheap or free. Or try the private-sector truckers, like Yamato or Pelican, whom I would even trust with bubble-wrapping and shipping a chandelier (and for a reasonable price, too).

If you don’t know how to pack, leave it to the experts — it’s part of the service. As Mitsukoshi demonstrates, if it’s not packaged properly, it’s not presentable in Japan.

 

News photo

 

6. Calligraphic goods

I’m used to crappy Bic ballpoint pens that seize up in the same groove (and inexplicably only in that groove, no matter how many times you retrace), which you then summarily discard like used toothbrushes. But in Japan, writing implements are keepers, combining quality with punctiliousness.

People prowl stationery stores for new models (with special buttons to advance the pencil lead, twirl cartridges for multiple colors, or multicolored ink that comes out like Aquafresh toothpaste) spotted in specialty stationery magazines (seriously!). Maybe this is not so mysterious considering how precisely one has to write kanji — but I know of only two countries that put this fine a point on pens: Germany (whose companies have a huge market here) and Japan.

 

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5. Group projects

Yes, working in groups can make situations inflexible and slow. But when things work here, they really work, especially when a project calls for an automatic division of labor.

For example, when I was politically active in a small Hokkaido town, we would rent a room for a public meeting. Beforehand, without ever being asked, people would come early to set things up. Afterward, attendees would put everything back before going home.

I’ve done presentations overseas and the attitude is more, “Hey, you take care of the chairs — what are we paying you for?” Sucks.

It’s nice to be here, where pitching in often goes without saying, and everyone has a stake in keeping things clean and orderly.

 

News photo

 

4. Public toilets

Sure, public conveniences exist overseas, but they are frequently hard to track down (shoppers overseas must have enormous bladders) and when found, they can resemble a war zone.

Japan, however, generally keeps its toilets clean and unstinky. Comfortable, too. Sure, I hate it when I’m turtle-heading and can only find Japan’s squatter types, but I also hate being trapped overseas in a stall where strangers can see my ankles under the door.

Besides, whenever I need a public time-out, I head for the nearest handicapped toilet and bivouac. Ah, a room to myself; it’s a love hotel for my tuchus. And that’s before mentioning the washlets, bidets, warmed toilet seats . . .

 

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3. Anime

I’ve been reading comic books since I was 2 years old, and have long admired Japanese animation and comic art. I can’t resist anime’s clean lines, sense of space and forcefulness, and storyboard style of narrative.

Once underrated overseas, Japan’s comics are now one of our coolest cultural exports. Resistance is futile — watch the knockoffs on Cartoon Network (love “The Powerpuff Girls” and “Samurai Jack”)!

Consider one knock-on benefit of a society so consumed by comic art: Japan’s average standards for drawing are very high. I came from a society with an enormous standard deviation in artistic talent: You either get stick figures or Pat Oliphants. In Japan, however, contrast with the following example.

I once tested my university students on spatial vocabulary. I drew a room on the answer sheet and said, “Under the table, draw Doraemon.” Amazingly, 98 of 100 students could draw a Doraemon that would infringe copyright — complete with propeller, collar bell, philtrum and whiskers.

Try getting people overseas to draw a recognizable Mickey Mouse, Felix the Cat or even just Snoopy and you’ll see how comparatively under-practiced drawing skills tend to be outside Japan.

 

News photo

 

2. Silly cute

Nobody combines these two quite like Japan does — simultaneously campy, tacky and kitschy. Some pundits lament how the culture of cute has paved over genuine time-tested Japanese iconography. But if you avoid being a curmudgeon, you’ll wind up giggling despite yourself.

Where else are you going to get Marimokkori (algae balls with superhero capes and inguinal endowments)? Try resisting Hello Kitty when she’s affecting regional dining habits or clothes (I love Pirika Kitty and supertacky Susukino Kitty, both homages to Hokkaido). And all those cellphone mascots! And there’s plenty more crap out there, some finding markets overseas.

What’s the appeal? My theory is that the Occident just can’t do cute or silly without sarcasm seeping in (even Disney resorts to wise-cracking). Shooting for it include France’s Barbapapa (which comes off as “easy to draw,” not cute), Finland’s weird Moomins (with that evil-looking Little My character) and Britain’s even weirder Teletubbies (arguing its cuteness will give you a hernia; watch while stoned). They all could do with a cute J-makeover and a firm J-marketing push.

Look, campy, tacky and kitschy eventually become ironic, cheap and tiresome. But Japan’s brand of straight-faced silly manages to (thanks to that intrinsic lack of sarcasm) remain tirelessly unironic. As long as you keep developing new and unexpected permutations, you never quite get sick of it. Instead you just giggle.

People need that. Silly-cute makes life in Japan and elsewhere more bearable.

 

News photo

 

1. Onsens

Of course. If you can get in. Ahem.

Illustrations by Chris Mackenzie. A version of this essay appeared in the now-defunct Sapporo Source magazine in December 2009; an expanded version can be found at www.debito.org/?p=2099. Debito Arudou’s latest book is “In Appropriate” (www.debito.org/inappropriate.html) Twitter arudoudebito. Just Be Cause appears on the first Community Page of the month. Send comments and story ideas to community@japantimes.co.jp

ENDS

Changes to Alien Registration Act July 2012 — NJ to be registered on Juuminhyou Residency Certificates at last

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

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Hi Blog. As the first real post of the new year, I thought we should start with a bit of unexpected good news.  Let’s talk about the changes in Immigration’s registration of NJ residents coming up in July.

It’s been in the news for quite a bit of time now (my thanks to the many people who have notified me), and there is some good news within:  NJ will finally be registered on Residency Certificates (juuminhyou) with their families like any other taxpayer.  Maximum visa durations will also increase from 3 to 5 years, and it looks like the “Gaijin Tax” (Re-Entry Permits for NJ who dare to leave the country and think they can come back on the same Status of Residence without paying a tariff) is being amended (although it’s unclear below whether tariffs are being completely abolished).

But where GOJ giveth, GOJ taketh.  The requirement for jouji keitai (24/7 carrying of Gaijin Cards) is still the same (and noncompliance I assume is still a criminal, arrestable offense), and I have expressed trepidation at the proposed IC-Chipped Cards due to their remote trackability (and how they could potentially encourage even more racial profiling).

Anyway, resolving the Juuminhyou Mondai is a big step, especially given the past insults of awarding residence certificates to sea mammals and fictional characters but not live, contributing NJ residents (not to mention omitting said NJ residents from local government population tallies).  Positive steps to eliminate an eye-blinkingly stupid and xenophobic GOJ policy.  Read on.  Arudou Debito

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The Japan Times Wednesday, Dec. 21, 2011
Immigration changes to come as new law takes effect in July
By JUN HONGO Staff writer
Courtesy http://www.japantimes.co.jp/text/nn20111221a5.html

The revised immigration law will take effect next July 9 and the government will start accepting applications for new residence registration cards on Jan. 13, the Cabinet decided Tuesday, paving the way for increased government scrutiny through a centralized immigration control of foreign nationals.

The amendment will affect foreign nationals who are residing here under medium- to long-term residence status as stipulated by the Immigration Control Act. While some will be exempt from the change, such as special permanent residents of Korean descent, most foreign residents will be required to make a few major changes, including obtaining new registration cards.

The current alien registration cards, overseen by local municipalities, will be replaced with the cards issued by the central government.

According to the Justice Ministry, foreign residents can apply for the new card at their nearest regional immigration office beginning Jan. 13 but won’t receive it until July. However, valid alien registration certificates will be acceptable until the cardholder’s next application for a visa extension takes place.

At that point, the old card will be replaced with the new residence card, which will have a special embedded IC chip to prevent counterfeiting.

The government claims that centralized management of data on foreign residents will allow easier access to all personal information of the cardholder, such as type of visa, home address and work address, and in return enable officials to more conveniently provide services for legal aliens.

For example, documented foreigners will have their maximum period of stay extended to five years instead of the current three years. Re-entry to Japan will also be allowed without applying for a permit as long as the time away is less than a year, according to the Justice Ministry.

Permanent residents, meanwhile, will have to apply for a new residence card within three years from July 2012. Required materials necessary for an application have not been determined yet.

Rest at http://www.japantimes.co.jp/text/nn20111221a5.html
ENDS

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

Changes coming to foreign registration, visa system
Japan Today LIFESTYLE JAN. 05, 2012
Courtesy http://www.japantoday.com/category/lifestyle/view/changes-coming-to-foreign-registration-visa-system

TOKYO — On July 9, a new system of residence management will be implemented that combines the information collected via the Immigration Control Act and the Alien Registration Law respectively. Foreign nationals residing legally in Japan for a medium to long term are subject to this new system.

The government will start accepting applications for new residence registration cards on Jan 13, which will then be issued after July 9. To apply for the new card, you are required to appear in person at the nearest regional immigration bureau.

The Ministry of Justice says the new system ensures further convenience for such persons by extending the maximum period of stay from 3 years to 5 years. In addition, a system of “presumed permit of re-entry,” which essentially exempts the need to file an application for permission for re-entry when re-entering Japan within one year of departure, will be implemented.

Upon introduction of the new system of residence management, the current alien registration system shall become defunct. Medium- to long-term residents will get a new residence card which they will be required to always carry with them. Children under the age of 16 are exempt from the obligation to always carry the residence card.

Foreign nationals residing legally for a medium to long term with a status of residence under the Immigration Control Act, EXCLUDING the persons described below, shall be subject to the new system of residence management:

—Persons granted permission to stay for not more than 3 months
—Persons granted the status of residence of “Temporary Visitor”
—Persons granted the status of residence of “Diplomat” or “Official”
—Persons whom a Ministry of Justice ordinance recognizes as equivalent to the aforementioned foreign nationals
—Special permanent residents (for example, of Korean descent)
—Persons with no status of residence

Permanent residents, meanwhile, will have to apply for a new residence card within three years from July 2012.

What is the residence card?

The residence card will be issued to applicable persons in addition to landing permission, permission for change of status of residence, and permission for extension of the residence period, etc. The card is equipped with an IC chip to prevent forgery and alteration, and the chip records all or part of the information included on the card. Fingerprint information will not be recorded in the chip.

The card will contain a portrait photo of the individual and the following information:

—Legal items given
—Name in full, date of birth, sex, nationality
—Place of residence in Japan
—Status of residence, period of stay, date of expiration
—Type of permission, date of permission
—Number of the residence card, date of issue, date of expiration
—Existence or absence of working permit
—Existence of permission to engage in an activity other than those permitted under the status of residence previously granted

New visa and re-entry system

(1) Extension of the maximum period of stay

The status of residence with a period of stay of 3 years under the present system, will be extended to 5 years. As for the status of residence of “College Student,” the maximum period of stay will be extended to “4 years and 3 months” from the current “2 years and 3 months” starting from July 1, 2009.

(2) Revision of the Re-entry System

A foreign national with a valid passport and a residence card will be basically exempt from applying for a re-entry permit in cases where he/she re-enters Japan within one year from his/her departure. In cases where a foreign resident already possesses a re-entry permit, the maximum term of validity for the re-entry permit shall be extended from 3 years to 5 years.

Conditions of Revocation of Status of Residence

Implementation of the new system of residence management includes establishment of the following provisions concerning the conditions of revocation of status of residence and deportation, and penal provisions:

—The foreign national has received, by deceit or other wrongful means, special permission to stay
—Failing to continue to engage in activities as a spouse while residing in Japan for more than 6 months (except for cases where the foreign national has justifiable reason for not engaging in the activities while residing in Japan
—Failing to register the place of residence within 90 days after newly entering or leaving a former place of residence in Japan (except for cases with justifiable reason for not registering the place of residence), or registering a false place of residence
—Forgery or alteration of a residence card
—Being sentenced to imprisonment or a heavier punishment for submitting a false notification required of medium to long term residents, or violating the rules concerning receipt or mandatory presentation of the residence card

For further information, visit http://www.immi-moj.go.jp/newimmiact_1/en/index.html or call the Immigration Information Center at 0570-013904 (weekdays between 8:30 a.m. and 5:15 p.m.)
ENDS

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Alien Registration Act will be abolished, and Immigration Control Act and Basic Resident Registration Act will be amended as of July 2012! [Courtesy of MM]

http://www.city.inazawa.aichi.jp/ka_annai/shimin/e_nyuukan.pdf 

《Key Changes》

◎ For a household consisting of Japanese nationals and foreign nationals, the conventional system under which the family members can identify themselves by certified copy of the residence record for Japanese nationals (Jumin-hyo) or by certified copy of alien register for foreign nationals (Gaikokujin tourokugenpyo kisaijiko shomeisho), will be abolished and they will be able to uniformly identify themselves by a single residence record (Jumin-hyo).

◎ Like a Japanese national does, a foreign national who moves from one city to another will need to report to the city he/she used to live of the removal and obtain “Certificate of Removal (Tenshutsu shomeisho)” which then needs to be submitted to the city which he/she moves in.

◎ A foreign national will be released from some burdens. → After the changes, a foreign national who has registered with the Immigration Bureau any change to his/her status of residence, an extension of period of stay, etc. will not need to report as such to the city where he/she lives.

◎ The Alien Registration Card (Gaikokujin torokusho) will be replaced by “Residence Card (Zairyu card)” containing less information. → For permanent residents …

A Residence Card (Zairyu card) will be issued by taking procedures at

Immigration Bureau within three years after the law amendment. For others …

A Residence Card (Zairyu card) will be issued at the first extension of period of stay after law amendment or when any change to the status of residence is made at the Immigration Bureau.

Alien registration system will be abolished and aliens will be subject to Basic Resident Registration Act.

Changes to Immigration Control Act will benefit foreign nationals living in Japan.《Foreign nationals entitled to registration to Residence Record (Jumin-hyo)》 Excluding the persons staying in Japan for short periods of time, foreign nationals residing legally in Japan for more than three months with a status of residence. (1) Medium to long term resident (2) Special permanent resident (3) Person granted landing permission for temporary refuge or person granted permission for provisional stay (4) Person who is to stay in Japan through birth or who has renounced Japanese nationality ⇒ Persons who do not fall within any of the aforementioned categories or who do not qualify for the status of residence as of the law amendment (including those who have not reported to the city under Alien Registration Act any change to the duration of stay) will not be registered to Residence Record (Jumin-hyo) and thus certified copies of the residence record may not be issued. If you will need a certified copy of Residence Record (Jumin-hyo), take necessary procedures as soon as possible.

※ For those subject to the new system, a Provisional Resident Record (Kari jumin-hyo) will be sent to you from April 2012 for you to check information contained in the record.

Neither reference date for making Provisional Resident Record (Kari jumin-hyo) nor effective date of the law amendment has yet been decided. Once decided, it will be announced on the City website and other notices.

See the following websites for further details:

Changes to Immigration Control Act! ” (Ministry of Justice) “Changes to the Basic Resident Registration Law – Foreign residents will be subject to the Basic Resident Registration Law -” (Ministry of Internal Affairs and Communications)
ENDS

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

More from the horse’s mouth at

http://www.immi-moj.go.jp/newimmiact_1/en/index.html

UPDATE: Post-divorce J child abductor Inoue Emiko DOES get book thrown at her in Milwaukee court, will return abducted child to custodial NJ father

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE, on child abductions in Japan, by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb

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Hi Blog. As was reported on Debito.org last October 28 regarding the issue of Japan as safe haven for international child abductions, the US courts looked like they actually might start enforcing their arrest warrants against Japanese child abductors.  In this case, against a Japanese woman named Inoue Emiko who reportedly whisked the kid off to Japan despite a US court awarding the father, Moises Garcia, custody.  Then Inoue used the time-honored tactic of abducting the kid anyway and getting a Japanese court to award her the kid instead regardless (with a gracious 30-day per year visitation allowed; thanks a heap).  Then she presumptuously decided to have her cake and eat it too, coming back to Hawaii last April to renew her Green Card, whereupon the authorities honored the arrest warrant against her and sent her to stand trial in Wisconsin (leaving the kid in limbo with the grandparents in Japan).

Back in October I said that enough is enough, and that the American judiciary should throw the book at her.  Well, guess what — they did, and it looks as though the mother will return the child to the custodial father.  Bravo!  Read on.  Let that be a lesson to you, child abductors, and let that be an incentive for Japan to sign the Hague Convention. Note, however, the update regarding the J-media’s domestic spin after the article. Arudou Debito

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Plea agreement reached in international custody case

Mother agrees to have daughter returned from Japan to Wisconsin
Nov. 21, 2011, Journal Sentinel (Milwaukee, Wisconsin), courtesy of SC
http://www.jsonline.com/news/crime/plea-deal-may-be-struck-in-custody-case-3135858-134270968.html

Karina Garcia’s mother agreed in court Monday to have the girl home in Fox Point by Christmas.

If she makes it, the 9-year-old would be the first of what advocates say are more than 300 children around the U.S. abducted to Japan in violation of American court orders to be returned through legal intervention.

She also could become a poster child for how to solve a growing problem as international marriages increase in the global economy.

The girl’s father, Moises Garcia, was pleased but cautious in talking to reporters after the hearing, where his ex-wife, Emiko Inoue, pleaded no contest to the felony charge of interfering with child custody by other parent. She was found guilty, but a plea agreement could leave her with only a misdemeanor conviction if Karina returns and Inoue completes other conditions.

Garcia has been working to bring his daughter home since Inoue fled with her to Inoue’s native Japan in February 2008, shortly after Garcia, 39, filed for divorce.

“Divorces are tough for everybody, but when there are cultural differences, it’s very hard to deal with that,” said Garcia, a physician and native of Nicaragua. The couple’s daughter was born in Wisconsin.

He said Inoue, 43, has brainwashed his daughter and alienated her affections for him during the time in Japan, but he’s confident that if the child comes home, she will be able to get the help she needs to deal with the psychological impact of the ordeal.

Japan is the only G7 country not part of an international compact about child abduction. Japan does not assist in returning children to parents with legal custody in other countries, nor does it extradite Japanese charged with crimes related to child abduction or custody interference elsewhere, such as Inoue.

Global Future, a group that advocates for parents whose children have been taken by their other parent to foreign countries, claims Japanese officials in the United States assist in such crimes by granting new passports and visas to Japanese trying to flee with their children.

The group’s founder and secretary, both Californians trying to get children back from Japan, attended Inoue’s hearing in Milwaukee. So did officials from the foreign ministry office of the Japanese consulate in Chicago. They declined to comment on the Global Future claims, or about Inoue’s case.

“We’ve had children returned from South Korea, Iran, Cameroon, Libya and Egypt, but we can’t get any back from a supposedly friendly country, Japan,” said Patrick Braden, CEO and founder of Global Future. His 11-month-old daughter was kidnapped and taken to Japan in 2006.

“This case really does have worldwide implications,” Braden said.

Fuji TV, a Japanese network, also was covering Monday’s hearing.

Inoue was arrested in April when she visited Hawaii to renew her U.S. permanent residency status. She was extradited to Wisconsin and was being held in the Milwaukee County Jail. She appeared in court Monday with her attorney, Bridget Boyle, wearing a dark blue jail suit and glasses.

In response to questions from Milwaukee County Circuit Judge Mel Flanagan, Inoue said she didn’t agree that she had committed all the elements of the crime, but agreed the state could prove her guilty. The felony is punishable by up to 7½ years in prison. If Inoue ultimately were convicted of a misdemeanor, she would likely be sentenced to the time she’s served since her arrest.

District Attorney John Chisholm noted that a felony conviction would probably also have prevented Inoue from remaining in the U.S. He said he thinks Inoue’s prosecution may still deter others, while allowing a chance for Karina to benefit from contact with both parents.

Inoue still has the option to seek visitation rights or changes in custody through family court.

Monday was to have been the continuation of a nonjury trial that began in October, but Boyle told the judge that during nearly four hours of discussion with her client, she agreed to the plea arrangement.

“Hopefully, this is an action in the best interests of the child,” Flanagan said.

Karina is currently living with her maternal grandparents in Japan. Garcia was granted full legal custody in Milwaukee County Circuit Court in 2008. He’s gone further than most people in his situation, said his attorney, James Sakar, and won legal custody from Japanese courts.

The problem, Sakar and Braden explained, is that the centuries-old Japanese civil legal system does not give those courts any enforcement powers.

Sakar said the particulars of Karina’s return to Wisconsin had not yet been worked out.

Braden, who has lobbied dozens of high-ranking officials in Washington, D.C., about the problem, said Monday’s deal was “almost there.” He said advocates for left-behind parents would have preferred a guilty plea and really would like to see U.S. authorities prosecute Japanese diplomatic officials and anyone else who assists noncustodial parents in taking children abroad.

“It’s a great step in the right direction,” he said.

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

UPDATE: Here’s what I’m hearing on my Facebook as feedback:

“A quick search on youtube came up with a great news report of her in cuffs as well http://www.youtube.com/watch?v=UeUqio_GDdw

“Some of the Japanese media (like the Mainichi) didn’t bother mentioning her name while I heard Fuji pixled out her face.”

“TBS report says the mother is claiming domestic violence as the reason for the abduction.”

So then there’s this whole other dimension about how the Japanese press is going to encircle and protect their own, as has been mentioned here both above and before, I haven’t found any Japanese media which will call this event a “kidnapping”, despite the ruling by this American court. Yomiuri’s NNN TV has even blocked out her face and refused to mention her name at all as a felon:

Well, for the record, here is a picture of Inoue Eriko in all her glory, courtesy Sentinel Journal. Including handcuffs. Live with it, Japan — child abduction is a crime and those who engage in it are criminals, even if they are Japanese. Trying to reflexively make a victim out of a criminal just makes our media look biased and incongruous.


ENDS

UPDATE TWO:  Convicted felon Inoue Emiko returns the child and gets released from the clink.  Bravo.  And of course, the Japanese media still refuses to use her name in the domestic press. Or even call what she did a crime. Check out the wording below: “arrested on suspicion of taking her 9-year-old daughter to Japan in violation of the father’s parental rights, the father’s lawyer said“. Those pesky lawyers and their allegations; never mind the conviction and sentencing by a judge. She abducts the kid, tries to game the USG by coming back to renew her Green Card, and after all that still has visitation rights in America. All right for some, isn’t it? Try getting this fair a deal in Japan. But again, fairness is not a highly-prized cultural conceit for Team Japanners. Now how about that biased and incongruous reportage.  As can be expected, the disingenuous slant is that the Japanese are the victims and sacrificers.  The Japanese article claims the daughter “wanted to live in Japan”, but once told of the situation, “went to America to save her mother” according to the very different headline.  What a trooper!  Especially after being put in this position by her irresponsible mother in the first place!

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

Japan woman freed in U.S. after returning daughter
The Yomiuri Shimbun, December 25, 2011, courtesy of AR
http://www.yomiuri.co.jp/dy/national/T111224002655.htm

A Japanese woman has been released from custody in the United States as a result of a plea bargain after being arrested on suspicion of taking her 9-year-old daughter to Japan in violation of the father’s parental rights, the father’s lawyer said Saturday.

Based on the plea bargain, the 43-year-old woman from Hyogo Prefecture returned the daughter to the girl’s 39-year-old Nicaraguan father. The girl had been staying at the home of the woman’s parents in the prefecture.

The woman took the girl to Japan from the United States during divorce proceedings in a U.S. court. The court later granted the divorce and gave custody of the girl to the man.

According to lawyers for the man and the woman, the girl left Japan with her grandmother on Friday and was handed over to the man at a U.S. airport.

The girl said at first that she wanted to live in Japan. However, when she was told about the plea bargain, she understood her return to the United States would “save her mother,” the lawyers said.

The woman will continue to live in the United States and will have visitation rights, according to the lawyers.

The woman was arrested in the United States in April after the father filed a criminal complaint in the case. After realizing she faced a possible long prison sentence if found guilty, she agreed to the plea bargain in November, lawyers said.
(Dec. 25, 2011)

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

9歳長女、母を助けに米へ…司法取引で釈放
http://www.yomiuri.co.jp/national/news/20111224-OYT1T00472.htm
米国でニカラグア出身の男性(39)と離婚した兵庫県の女性(43)が、離婚訴訟中に長女(9)を日本に連れ帰ったとして米国州法の親権妨害罪に問われ、身柄拘束されていた問題で、男性側の日本での代理人弁護士は24日、女性が釈放されたことを明らかにした。

同県内の女性の実家にいた長女を、米国の男性側に引き渡すことなどを釈放の条件にした米国の検察側と女性側との間で成立していた司法取引に基づき釈放された。

男性、女性双方の日本の代理人弁護士によると、長女は23日、祖母に付き添われて出国し、米国の空港で男性に引き渡された。長女は当初、「日本で暮らしたい」と訴えたが、司法取引を理解し、「ママを助けに行く」と納得したという。女性は釈放後米国で暮らすため、長女に面会できるという。

女性は4月に米国で身柄を拘束され、刑事裁判で無罪を主張してきたが、有罪なら刑務所に長期間収容される恐れがあり、11月下旬に司法取引に合意していた。
(2011年12月24日15時05分 読売新聞)

ENDS

The tug of war continues: Fukuoka High Court overrules Oita District Court that doubted, then affirmed, Oita Prefectural Govt’s denial of welfare benefits to superannuated NJ Permanent Resident

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE, on child abductions in Japan, by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb

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Hi Blog. Last November I mentioned in my Debito.org Newsletter about this weird case of administrative exclusionism and atypical jurisprudence in Japan, thus:

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16) Kyodo: Court overrules Oita Pref who tried to deny a 78-year-old NJ welfare benefits

Kyodo: A Japanese court repealed on Thursday a decision by Oita Prefecture in southwestern Japan not to examine a request from a 78-year-old Chinese woman to look into a decision by Oita City that rejected her application for welfare benefits.

A three-judge panel at the Oita District Court acted on a suit filed by the woman, who has obtained permanent residency status in Japan, against the Oita prefectural government decision that turned away the woman’s request, filed in February last year, to examine the Oita municipal government decision not to provide welfare benefits to her.

The prefectural government dismissed the woman’s request without examining it, saying she was not eligible to seek benefits because she does not have Japanese nationality.

In Thursday’s ruling, the district court said the prefectural government must review the municipal government decision in line with the woman’s request, and decide whether she should be given benefits.

Presiding Judge Kenji Kanamitsu brushed aside the prefectural government’s argument that the city’s decision not to provide her with benefits was a ”unilateral administrative action” against a foreigner who has no right to seek welfare benefits, and not an ”administrative decision” as she claimed, whose appropriateness can be reviewed under the administrative appeal law.

Judge Kanamitsu said the woman is ”obviously” eligible to ask the prefectural government to review the municipal government decision.

”An application for welfare benefits has been rejected, and it means the same to the applicants, regardless of their nationalities,” the judge said…

https://www.debito.org/?p=7563

BUT

17) Mainichi: “NJ have no right to welfare payments”, rules Oita District Court two weeks later. Gee that was a quick kibosh.

After a half-month interlude of light and reason (as in September 30 to October 18), where it actually looked like a Japanese courtroom was actually going to be nice to somebody and rule against The State, another court has come along and put things back to normal:

Mainichi: The Oita District Court ruled on Oct. 18 that foreigners with the right to permanent residence but without Japanese citizenship are not entitled to welfare benefits, rejecting the claims of a 78-year-old Chinese woman who sued after being denied benefits by the Oita city government…

According to the ruling, the woman has Chinese nationality but was born in Japan and holds the right to permanent residence. In December 2008, the woman applied to the welfare office in Oita city for welfare payments, but was turned down with the reason that she had “a comfortable amount of money” in her savings.

The main issues of the trial became whether the woman held the right as a foreigner to receive welfare payments and whether her financial status justified her receiving aid…”

COMMENT: Gee, that was quick by Japanese judicial standards! I guess they know the value of putting the kibosh on something before the floodgates open: Can’t have all the goddamn foreigners expecting to have rights to something like our social welfare benefits, especially at an advanced age.

https://www.debito.org/?p=7639

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Then, as the clock continues to run out for this superannuated NJ, we now have another flip, fortunately in the more inclusive direction:

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

Court rules noncitizens are eligible for welfare
The Yomiuri Shimbun (Nov. 17, 2011), courtesy of lots of people
http://www.yomiuri.co.jp/dy/national/T111116006297.htm

FUKUOKA–The Fukuoka High Court ruled Tuesday that permanent residents in in Japan with foreign nationalities are eligible to receive public welfare assistance, overturning a lower court ruling.

The high court accepted an appeal by a 79-year-old woman who is a permanent resident in Japan with Chinese nationality. She filed the lawsuit, claiming that the Oita city government illegally rejected her request for public welfare assistance.

Presiding Judge Hiroshi Koga said in the ruling, “Foreign citizens with permanent residency [in Japan] are legally guaranteed the same status as Japanese citizens who receive the same treatment.”

The high court overturned the Oita District Court’s ruling and nullified the Oita city government’s decision not to grant the woman public welfare benefits.

According to a lawyer for the plaintiff, it is the nation’s first court ruling to present a legal basis for foreign permanent residents in Japan to receive public welfare benefits.

According to the ruling, the woman applied for the public welfare at the Oita city government in December 2008, but the city government rejected her request.

The point at issue in the lawsuit was whether the Daily Life Protection Law can be applied to noncitizens.

Article 1 of the law limits recipients to Japanese citizens. As for non-Japanese residents, each local government has made respective judgments based on a 1954 notice issued by the then Health and Welfare Ministry, which said the law would be applied with some modification.

Though there are many foreign permanent residents in Japan who receive public welfare benefits, their eligibility has not been legally guaranteed.

The high court ruling noted Diet deliberations in 1981 on ratifying the U.N. Convention Relating to the Status of Refugees, which stipulates that countries “shall accord to refugees within their territories treatment at least as favorable as that accorded to their nationals.”

At the time, the Diet presented a view that Japan would not need to revise the Daily Life Protection Law to eliminate nationality clauses in it because the government has already been applying the law with necessary modifications.

The high court judged that the Japanese government had at that moment become obliged under international law to provide public welfare assistance to foreign residents in the country.

The high court also pointed out that the central government in 1990 limited the range of noncitizen recipients to those with permanent resident status in terms of management of the public welfare system.

ENDS

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

永住外国人に生活保護受給権認める、大分市逆転敗訴

(2011年11月16日 読売新聞)

http://kyushu.yomiuri.co.jp/news/national/20111116-OYS1T00215.htm

大分市が生活保護申請を却下したのは違法として、永住資格を持つ中国籍の女性(79)が市を相手取り、却下取り消しなどを求めた訴訟の控訴審判決が15日、福岡高裁であった。古賀寛裁判長は「永住資格を持つ外国人は日本人と同様の待遇を受ける地位が法的に保護されている」として、原告敗訴の1審・大分地裁判決を覆し、市の却下処分を取り消した。原告弁護団によると、永住外国人に生活保護を受ける法的根拠を示した判決は全国で初めて。

判決によると女性の両親は中国人で、1932年に京都市で生まれた。夫の親族から預金通帳などを取り上げられて生活資金に困り、2008年12月、大分市に生活保護を申請。市は「銀行に預金が相当額ある」として却下した。

訴訟の争点は生活保護法が外国人に適用されるかどうかだった。同法1条では対象を国民に限定し、外国人については旧厚生省が54年に出した「法を準用する」との通知に基づき、各自治体が適否を判断してきた。自治体の裁量に任されており、外国人の権利は法的に保障されていない。

今回の高裁判決は、政府が81年、「難民などに対し自国民と同一待遇を与える」とする国連難民条約への批准に伴う国会審議で、法が準用されているため国籍条項撤廃などの改正は必要ないとの見解を示した点を重視。この時点で、国は外国人への生活保護について国際法上などでの法的義務を負ったと認定した。

ENDS

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

大分・生活保護訴訟:永住外国人も対象 福岡高裁、法的根拠認める判決
毎日新聞 2011年11月16日 東京朝刊
http://mainichi.jp/select/jiken/news/20111116ddm041040099000c.html

永住資格を持つ大分市の中国籍の女性(79)が、外国籍であることなどを理由に生活保護申請を却下した大分市の処分取り消しを求めた訴訟の控訴審判決が15日、福岡高裁であった。古賀寛裁判長は「一定範囲の外国人も生活保護法の準用による法的保護の対象になる」と述べ、1審判決を取り消し、市の却下処分を取り消した。原告側弁護団によると永住外国人について生活保護を受ける法的根拠を示した判決は初めて。弁護団は「外国人の保護申請や不服申し立てに影響する画期的判決」と評価している。

判決によると、女性は日本で生まれ育ち母語も日本語。夫とともに不動産業で生活していたが夫は病気になり、親族から預金通帳を取り上げられ、生活に困窮。08年12月、市に生活保護を申請したが「女性名義の預金が相当額ある」として却下されたため提訴した。

生活保護法は受給者を日本国民に限定しているが、旧厚生省は1954年、外国人に生活保護法を準用するよう都道府県に通知。更に81年の国連難民条約批准を受け、90年には対象を永住外国人に限定するよう通知し「贈与的性格の行政措置」として永住外国人には事実上、生活保護費を支給した。

1審・大分地裁は昨年10月、生活保護法が国民に限定していることなどから女性の請求を却下した。

控訴審判決で古賀裁判長は、政府が通知などで永住外国人に生活保護費を支給し続けてきた経緯に言及。「国が一定範囲の外国人に対し日本国民に準じた生活保護法上の待遇を与えることを認めた」と指摘し、原告女性を保護対象と判断した。【岸達也】

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

COMMENT: Okay, that’s good news and a good precedent. Glad they took it away from the denizens of Oita, who clearly started saying “Chotto…” to the petty bureaucrats, then backtracked within two weeks as the wagons encircled to rule against the alleged foreigner (I would like to hear more about her, i.e., if she is in fact a Zainichi or not — there is a difference between ippan eijuusha and tokubetsu eijuusha, after all, and that will be noted by any legal exceptionalists who want to stop further positive precedent building). But the fact that she’s born here, raised here, speaks Japanese as her native language, and is approaching eighty years of age, yet STILL was denied benefits by heartless bureaucrats, backed up by the judiciary, is more than a bit scary. If this gets appealed to the Supreme Court (after all, the GOJ is a sore loser in court), I hope the judges are in a good mood when they start deliberating. Maybe we should send them sweets. Arudou Debito

Mainichi & Yomiuri: Japanese ex-wife arrested in Hawaii on suspicion of abducting child from custodial father

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Hi Blog.  Here’s some good news for Left-Behind Parents.  The Americans are (unusually, according to the Mainichi and Yomiuri below) enforcing their arrest warrants against Japanese child abductors.  In this case, against a Japanese woman who reportedly absconded with the kid off to Japan and, despite a US court awarding the father custody, then used the time-honored tactic of abducting the kid anyway and getting a Japanese court to award her the kid instead regardless (with a gracious 30-day per year visitation allowed; thanks a heap).  Then she carelessly decided to have her cake and eat it too, by coming back to the US to renew her Green Card, whereupon the authorities honored the arrest warrant against her, leaving the kid in limbo with the grandparents in Japan.

Not an unusual story (especially since the Japanese media once again refuses to use the word “abduction” in conjunction with any of this — just “taking without permission”; sounds much better), except that the Americans are now finally taking action regarding child abductions to Japan, honoring court decisions despite Japan’s vehemently guarding its safe-haven status for international child abduction.

Let’s see how the Japanese media further spins this; I doubt it’ll run against Team-Japanism.  But already the editorial slant in the articles below is that signing the Hague Treaty will (somehow) prevent this, in defiance of all the Japanese safe-haveners that want to either not sign it, or caveat it with DV provisions into meaninglessness.

Anyway, throw the book at her.  This sort of thing has gone on long enough.  Arudou Debito

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

Japanese ex-wife arrested in U.S. on accusation of making off with child
(Mainichi Japan) October 27, 2011, Courtesy EK
http://mdn.mainichi.jp/mdnnews/news/20111027p2a00m0na010000c.html

A Japanese woman has been arrested in Hawaii on accusations she took her 9-year-old daughter with a Nicaraguan ex-husband back to Japan without permission, it has been learned.

The 43-year-old Japanese mother and her 39-year-old ex-husband, who lives in the United States, have custody disputes over the child ongoing in both Japan and the U.S. The Foreign Ministry says that it is highly unusual for a Japanese national to be arrested abroad during a custody dispute with a foreign ex-partner.

According to legal officials and the Ministry of Foreign Affairs, the woman married and bore the child in February 2002. She lived in the state of Wisconsin in the U.S., but in February 2008 she returned to Japan with the child. In June 2009 her divorce was finalized, but the father was given custody rights.

The woman went to court in Japan to have the custody rights changed, and in March this year the court awarded them to the woman, giving the father just 30 visitation days a year in the U.S. Both sides immediately appealed the ruling, and the case is now being deliberated at the Osaka High Court.

The woman flew to Honolulu on April 7, 2011 local time to renew her permanent U.S. resident status. However, an arrest warrant for the woman was on issue from Wisconsin authorities for violating the father’s custody rights by taking the child to Japan without permission, and the woman was arrested by Hawaii authorities. She remains in custody, and a trial is ongoing in Wisconsin. Prosecutors suggested a plea bargain where she would be given a suspended sentence in exchange for returning the child, who currently lives with the woman’s grandparents in Japan, but she has refused and maintains her innocence.

The ex-husband has reportedly said that if the woman will return the child, he does not want her held further, and he wants the child to be able to meet both parents. A lawyer for the woman, however, says that she fears that if she returns the child once, the child will never be able to come back to Japan.

According to the Ministry of Health, Labor and Welfare, records of Japanese international marriages since 1992 show a peak in 2006 of around 44,700, after which they have been declining, with around 32,000 in 2010. On the other hand, Japanese international divorces have increased, peaking at about 19,400 in 2009. International divorces are accompanied by unique problems like differences in national law, children’s nationality and parental custody rights, and people leaving the relevant countries.

Professor Takao Tanase of Chuo University’s law school says, “The Hague Convention on the Civil Aspects of International Child Abduction’s primary objective is to get the child in such disputes returned to the country they were taken from, and therefore civil-level procedures to return the child are prioritized. If the child is returned, criminal legal action is often not pursued. If Japan joins the convention, I think that there will be fewer cases that lead to arrests.”

ENDS

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

The original Japanese story

国際離婚:親権妨害容疑 米国で日本人女性逮捕
毎日新聞 2011年10月27日 15時0分 更新:10月27日 17時0分
http://mainichi.jp/select/today/news/20111027k0000e040059000c.html

米国に住むニカラグア国籍の元夫(39)との国際結婚で生まれた女児(9)を無断で米国から日本に連れ出したとして、日本人女性(43)が親権妨害容疑で米国ハワイ州保安局に逮捕されていたことが分かった。女性と元夫は親権を巡って日本で係争中で、外務省によると、国際結婚した日本人が親権の問題で係争中に海外で逮捕されるのは異例。専門家は、日本がハーグ条約に加盟すれば民事的な子供の返還手続きが優先されるため、逮捕まで発展する事案は少なくなるとみている。

法曹関係者と外務省によると、女性は02年2月に結婚して女児を出産。米国ウィスコンシン州で暮らしていたが、08年2月に子供を連れて日本に帰国した。09年6月に米国で離婚が成立し、元夫に親権が認められた。一方、関西に住んでいた女性は、親権の変更を求めて神戸家裁伊丹支部に家事審判を申し立てた。同支部は今年3月、女性の親権を認め、元夫と子供に米国で年間約30日間面会することを認める審判を下した。双方が即時抗告したため現在、大阪高裁で審理が続いている。

女性は今年4月7日(現地時間)、自分の永住権を更新しようと、米国ハワイ州ホノルル市に日本から空路で入国。しかし、父親に無断で子供を日本に連れ出し親権を妨害したとして、ウィスコンシン州から親権妨害容疑で逮捕状が出ており、ハワイ州保安局に逮捕された。

女性は現在も身柄を拘束されたままで、ウィスコンシン州で裁判が続いている。検察側は、執行猶予判決を条件に、日本で女性の両親と暮らす子供を米国に返すよう司法取引を提示したが、女性は拒絶。無罪を主張しているという。

子供は日本に住む母方の祖父母の下で暮らしており、両親ともに会えない日々が半年以上も続いている。

元夫は「子供を米国に返してくれれば、拘束は望まない。子供が両親と会える環境にしたい」と訴えているという。一方、女性の代理人弁護士は「(女性は)子供を一旦、米国に返せば帰ってこられないのではないかと心配している」と話している。

厚生労働省によると92年以降、国際結婚は06年の約4万4700件をピークに減少に転じ、10年は約3万200件。一方、国際離婚は増加傾向にあり、09年は最多の約1万9400件に上った。国際離婚には法律の違い、子供の国籍や親権、出国などで日本とは違った問題が伴う。

中央大法科大学院の棚瀬孝雄教授(法社会学)の話 ハーグ条約は、原則として子供をとりあえず元の国に返すことが第一目的で、民事的な返還手続きが優先される。子が返りさえすれば刑事訴追しないことが多い。加盟すれば、逮捕まで発展するような事案は少なくなると思う。【岡奈津希】

◇ハーグ条約
国際結婚が破綻した夫婦間の子供(16歳未満)の扱いについて、国際協力のルールを定めた「国際的な子の奪取の民事面に関する条約」の通称。子供を連れ出された親が返還を申し立てた場合、相手方の国の政府は原則として元の国に返す協力をするよう規定している。日本政府は今年5月、加盟する方針を閣議了解した。返還手続きなどの整備を検討している法相の諮問機関「法制審議会」は、手続きは家庭裁判所が担当し、非公開の審理で3審制とする中間まとめを9月30日に発表。来年2月に最終答申する見通し。
ENDS

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

長女連れ帰り、国際離婚の日本女性が米で拘束

読売新聞 2011年10月27日(木)15時41分配信 Courtesy of Getchan

http://headlines.yahoo.co.jp/hl?a=20111027-00000695-yom-soci

長女連れ帰り、国際離婚の日本女性が米で拘束
拡大写真
読売新聞

米国でニカラグア出身の男性(39)と離婚した兵庫県の女性(43)が、離婚訴訟中に長女(9)を日本に連れ帰ったとして渡米時に身柄を拘束され、男性の親権を妨害した罪に問われて刑事裁判を受ける異例の事態となっていることがわかった。

米国の裁判所は離婚訴訟で男性に長女の親権があるとしたが、日本の裁判所は条件付きで女性を親権者と認定。日米の裁判所で判断が相反する中、日本がハーグ条約に加わる前に起きた国際間の親権争いがどう展開するか注目される。

日本の裁判での双方の代理人弁護士らによると、男性と女性は2002年に結婚したが、08年2月、男性が米国の裁判所に離婚を申し立て、女性は直後に長女を連れて日本に帰国した。米国の裁判所は09年6月、離婚を認め、長女の親権者を男性とした。

一方、女性は同月、親権者を自分とするよう神戸家裁伊丹支部に申し立て。同支部は今年3月、「長女を男性と米国で1年に30日間面会させる」などの条件を付け、女性を親権者と認めた。双方が抗告し、大阪高裁で審理が続いている。

こうした中、女性は翌4月、永住権の更新手続きのため渡米した際、空港で身柄を拘束された。米国州法の親権妨害罪で起訴されて9月から刑事裁判が始まり、女性は「帰国時点では離婚訴訟を起こされていることを知らなかった」と無罪を主張している。有罪の場合、最長で12年6か月間、刑務所に収容される可能性があるという。

最終更新:10月27日(木)15時41分

読売新聞

Reuters on Olympus Japan corruption issue: It takes a NJ whistleblowing CEO to uncover it, yet he gets sacked for “cultural reasons”

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Hi Blog. This is still a growing issue, and there’s an excellent Reuters article below to hang this blog post on.

Consider the case of Michael Woodford, a Brit hired more than thirty years ago by Japanese firm Olympus, with the superhuman tenacity to work his way up to the post of CEO (not hired, as are many of the famous NJ executives in Japanese companies, as an international prestige appointment). The presumption is that his appointment was because Mr Woodford would be different — there are plenty of Japanese corporate drones who would have gladly not rocked the boat for a quiet life and comfortable salary. But when he actually does something different, such as uncover and question possible corporate malfeasance, he gets fired because “his style of management was incompatible with traditional Japanese practices“.

This of course, as further investigations finally gather traction, calls into practice the cleanliness of those traditional Japanese corporate practices. And it looks like the only way to get them investigated properly in Japan is to take the issue to overseas regulators (this is, after all, an international company, if only in the sense that it has international holdings, but now beholden to international standards). Not to mention the Japanese media (which, as the article alludes to below, is once again asleep at its watchdog position).  None of this is surprising to the Old Japan Hands, especially those let anywhere close to Japanese corporate boardrooms, who see this nest feathering as a normal, nay, an obvious part of Japanese corporate culture the higher and richer you go.

But woe betide the NJ whistleblower — perpetually in a vulnerable position for being of the wrong race and for not doing what he’s told like a good little gaijin. After all, there’s peer pressure behind membership in “Team Japan”, and as soon as it’s convenient, the race/culture card gets pulled by the crooks to excuse themselves. I’m just glad Mr. Woodford had the guts to do what he did. I doubt it’ll result in a system-wide cleanup (the rot is too systemic and entrenched in corporatist Japan, and few watch the watchers). But you gotta start somewhere, since exposure of corruption must be seen to be becoming commonplace in post-Fukushima Japan. Bravo Mr. Woodford, and expose away. Arudou Debito

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

TECHNOLOGY
Analysis: Japan, slowly, waking up to the mess at Olympus
Reuters, Wed, Oct 26 2011, courtesy of CB and The Club
Courtesy http://mobile.reuters.com/article/technologyNews/idUSTRE79P0VJ20111026

By Linda Sieg

TOKYO (Reuters) – Japanese media interest has been muted, regulators are mostly mum and many politicians seem unaware anything is amiss.

A scandal over questionable deals at Japan’s Olympus Corp has so far generated little domestic heat in a country where critics say corporate governance is lax, but signs are emerging that the wall of indifference might crack.

Olympus fired its British chief executive Michael Woodford on October 14, charging that he had failed to understand the 92-year-old firm’s management style and Japanese culture.

Woodford — who joined the company in 1980 — says he was sacked for questioning a massive advisory fee paid in a 2008 takeover as well as other deals.

“The implications for investor confidence in corporate governance in Japan are pretty severe,” said Jamie Allen, secretary general of the Hong Kong-based Asian Corporate Governance Association.

“What would be positive is if Olympus fronted up … and the regulators actually took some tough action. I think regulators can turn it around. Whether they will is another matter.”

A niche Japanese business monthly magazine broke the story of possible misdeeds at Olympus, a maker of cameras and medical equipment, but mainstream media have been slow to take it up even after Woodford was fired.

Explanations of the initial laid-back response range from cozy ties between media and corporate Japan, a tendency to await official leaks rather than dig and even fears that yakuza crime syndicates are somehow involved.

Signals that the tide might change, however, have begun to trickle out, following a pattern seen in the past when a domestic magazine unearths dubious deeds, foreign media pick up the tale and mainstream Japanese media finally jump in.

Asahi TV and the Nikkei Business magazine ran interviews with Woodford on Wednesday, and the mass circulation Mainichi newspaper, noting the many puzzling aspects to the case, called on Olympus to clarify the facts while urging regulators to take strict steps.

“This is a situation that is likely to hurt the image of Japanese firms,” the paper said, noting the high level of interest among foreign media. That followed a similar editorial in the Nikkei business daily the day before.

“MEASURED” REGULATORY RESPONSE

What action authorities take will be key to whether investors’ broader concerns are soothed.

“Companies make mistakes and corruption occurs. It’s the response that matters,” said Pelham Smithers, managing director of Pelham Smithers Associates in London.

“So far the response has been measured … there is nothing wrong with taking time for a conclusion to be reached,” Smithers said. But he added: “If the details of this continue to be covered up so that investors cannot make a rational decision about investing in Japanese companies, then we have a problem.”

The Tokyo Stock Exchange (TSE) said on Monday it was urging Olympus on a daily basis to disclose more information and Financial Services Minister Shozaburo Jimi has said the watchdog would do its duty. In a heads-up to investors, the TSE said on Wednesday it had begun publishing short-selling data.

Woodford has written to Japan’s Securities and Exchange Surveillance Commission (SESC) asking it to look into the matter. The SESC — like Britain’s Serious Fraud Office which the ex-CEO has also approached — has not commented publicly.

But two sources familiar with the matter said on Wednesday the SESC was looking into past Olympus M&A deals, focusing on whether Olympus made proper financial disclosures about them.

Woodford said on Tuesday he was in touch with the U.S. Federal Bureau of Investigation, which is probing the advisory fee, most of which went to an obscure Cayman Islands firm.

Experts said more was doubtless afoot in Japan than met the eye. “I expect that authorities internationally will coordinate,” said Shin Ushijima, a prosecutor-turned-lawyer.

“I don’t mean that something illegal must have been done, but the authorities will be interested in finding out … Authorities including the SESC must definitely be interested. It is impossible that they are not.”

GOVERNANCE GAPS

The Olympus scandal could re-ignite debate on what critics say is a deep-seated weakness of Japanese management — a lack of strong independent oversight of boards that risks inefficient use of capital and gives shareholders’ rights short shrift.

“You don’t have to have fraud to have a corporate governance problem. The bigger problem is the lack of transparency on how the board is making decisions,” Allen said.

“The lack of outside independent directors is simply a symptom of the underlying issue that companies are run by a tight group of people who have been in the company for decades.”

That mind-set was also a factor behind a failure by Tokyo Electric Power Co (Tepco) to take steps to prevent disaster at its tsunami-hit Fukushima atomic power plant in March.

A review of company and regulatory records has shown that the utility as well as the government repeatedly played down the danger and ignored warnings.

“The public ought to be screaming out loud that this (Fukushima) is a governance problem. It was a failure of oversight,” said Nicholas Benes, representative director of the Board of Director Training Institute of Japan.

Despite some improvements over the past decade, including a requirement by the TSE from this year that all companies have at least one independent director or auditor, many companies still appear unconvinced of the need for strong outside oversight.

“Companies themselves have been dragged into it. They haven’t bought into it,” said Darrel Whitten, managing director at Investor Networks Inc, an investor relations consultancy.

“The playing field has shifted … but corporations haven’t been able to keep up with the shifts.

Japanese institutional investors have long been criticized for not pressing management, although here too change is under way as more institutions seek good returns rather than simply buying shares to cement strategic business ties.

Nippon Life, Japan’s largest private insurer and Olympus’s biggest shareholder, last week joined foreign investors in calling for answers from Olympus, prompting the firm to announce it would set up an independent panel to investigate.

But many domestic institutions still tend toward silence on matters of corporate governance.

“Japanese institutional investors are not standing up and asking vocally for changes because in many cases they are conflicted,” Benes said. “They come from a background of cross-shareholding and it’s tied to their DNA not to rock the boat.”

DISTRACTED POLITICIANS

In some ways, corporate governance would appear a tailor-made topic for the ruling Democratic Party of Japan, which had pledged to take steps to foster better governance in its platform ahead of the 2009 election that vaulted it to power.

Senior Democratic lawmaker Tsutomu Okubo sounded the alarm on Tuesday, urging Olympus to provide an explanation and regulators to probe the affair to prevent investors from losing confidence in the company and corporate Japan.

“There’s a possibility that Japanese companies will be perceived as lacking corporate governance, so to prevent that from happening we need to re-examine our systems,” Okubo, the Democratic Party’s deputy policy chief, told Reuters.

But efforts by Prime Minister Yoshihiko Noda, who took office last month, to repair ties with the main business lobby Keidanren, which frayed under his predecessor Naoto Kan, could work against any efforts to put fire into the governance debate.

“The attempt to reconcile with Keidanren puts the DPJ on the wrong footing when they deal with issues like this,” said Sophia University political science professor Koichi Nakano.

“They don’t want to come across as anti-business unless public opinion, led by media, pushes in that direction.”

With politicians distracted by other policy problems including whether to join talks on a U.S.-led free trade initiative, how to combat a strong yen that is hurting exports and the need to tackle social security and tax reforms, they may not have much scope to take on another headache now.

“I don’t see this spreading as an issue for now,” said one political source. “Of course, that could change if Japanese TV broadcasters take up the case.”

ENDS

Tangent: I’ve shed fifty pounds (23 kgs) since April 2011

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE, on child abductions in Japan, by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  As a complete tangent for today, I just wanted to share what I consider to be very happy news.

I’ve been dieting with guidance since April 1, 2011.  Back then, I tipped the scales at a massive 265.3 pounds (120.6 kgs).  It was the product of a steady upcline of maybe 1-2 kgs a year, slow enough over the decades to be barely noticeable save for magically-shrinking belts and the occasional sore back.  After all, life was too short (and stressful) to forgo good meals (the norm in Japan just about anytime, anywhere).

But I had to draw a line somewhere.  People simply can’t keep gaining weight until they pop.  So from April 1, I went on a supervised diet of 1800 kcal per day (no more or else I won’t lose weight at a decent clip, no less because at my height and body type I will go into starvation mode, meaning my metabolism will drop and I won’t lose weight again).  A “decent clip” defined as about two pounds per week, I have manage to lose weight every week since then (except for a month I was travelling, and successfully managed to keep my net weight steady (as in, no gain) for that full month despite all the booze and culinary temptations of eating out).

So over time this has been a mathematical process.  And as of this week I’ve reached one milestone I’m very proud of.

I’ve shed a total of fifty pounds (22.7 kgs).  Actually, as of this morning I weighed in at 213.4 lbs (96.8 kgs), so more than that.

It’s uncanny how much better I feel.  I can get out of cars without feeling extra gravity.  I can sleep on my stomach (my preferred pose, thanks to months of outdoor Boy Scout camping in high altitudes) without getting a sore back.  I psychologically feel more empowered and in control of my life.  And I look significantly different:

BEFORE:  April 2011:

AFTER: September 2011:

I’m not going to say how I did it (since people will think I’m promoting a weight loss program), but the crux is that calorie counting with the assistance of a nutritionist worked for me.

I’m not done yet.  I still want to drop down to 190 lbs (86.4 kgs), meaning I still have more than 20 lbs to go (my high school weight was 183 lbs, but that’s overambitious), and then comes the unenviable task of KEEPING the weight off, of course.

But we’ll worry about that a bit later.  I’m just happy to know that someone with my decades of (former) dietary practices of meat and potatoes (and despite decent amounts of exercise) can reform and change himself to this degree.  It’s been one big shedding, both physically and mentally, and I think it shows.  I feel a lot happier about myself and life in general.  Arudou Debito

CRN: Left Behind Parents launch expert witness, consulting services to prevent International Parental Abduction

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE, on child abductions in Japan, by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb

Hello Blog.  Here we have news of people, who have lost their children to the Japanese system of no joint custody/no guaranteed visitation rights after divorce, helping each other out.  Good news indeed, and a development I am happy to support.  Arudou Debito

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

Left Behind Parents launch expert witness and consulting services to assist parents in preventing International Parental Abduction.

http://crnjapan.net/The_Japan_Childrens_Rights_Network/itn-ewspblbp.html

Left Behind Parents who have been dealing with Government, and Judiciary decide to help those with ongoing cases of parental abduction:

—————————————————————

Parental Abduction Support Services (PASS) (R)

Now offering assistance to those with cases of Parental Abduction.  Over 50 years combined experience.

PASS provides testimony in order to educate the courts, and put “safe-guards” into place to protect children from being wrongfully removed from the USA.  Effective testimony can assist parents in their court cases by educating attorneys and judges about the risks of parental abduction and the dangers associated with it.   PASS assists you in making sure that high risk cases are carefully examined by the courts. When needed PASS assists the courts in implementation of supervised visitation and port closure to protect at risk youth. 

Testimony includes –

★ Training courts on the factors that indicate an individual is likely to commit an international child abduction

★ Assisting Judges in assessing the degrees of the risk of international child abduction 

★ Presenting arguments regarding the sufficiency proposed custody order in preventing a potential international child abduction

★ Supplying Data on the likelihood that a foreign country will return an abducted child, and / or allow continued visitation 

Parental Abduction Support Experts…

More information at http://crnjapan.net/The_Japan_Childrens_Rights_Network/itn-ewspblbp.html

ENDS

BAChome.org: President Obama addresses Japan Child Abduction Issue with Japan’s PM Noda, demands preexisting abduction cases be included

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE, on child abductions in Japan, by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to Japan\" width=「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb

Hi Blog.  Got this last night from Paul Toland at BAChome.org.  Very proud of you all.  You’ve turned individual feelings of pain and powerlessness into a social movement, with negotiations at the highest echelons of international relations.  Well done!  Arudou Debito

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

From: Paul Toland
Subject: Historic Day – President Obama addresses Japan Child Abduction
To: crc-japan@yahoogroups.com
Date: Thursday, September 22, 2011, 1:48 PM

Hello all,

Yesterday was an historic day. For the first time ever, the Japan Child Abduction issue reached the highest levels of our government. President Obama addressed the issue, to include both the Hague Convention and resolution of existing cases, in his meeting with Prime Minister Noda in New York yesterday.

This you tube link will take you directly to the remarks made by Assistant Secretary Campbell in the State Department briefing regarding the President’s meeting http://www.youtube.com/watch?v=UsAI3C_1zOY

For those who cannot view the link, the exact statement is here:

AS Campbell: “The President also very strongly affirmed the Japanese decision to enter into The Hague Convention – asked that this – on Child Abduction – asked that these steps be taken clearly and that the necessary implementing legislation would be addressed. He also indicated that while that was an important milestone for Japan, that – he also asked the Japanese prime minister and the government to focus on the preexisting cases, the cases that have come before. The prime minister indicated that very clearly, he knew about the number of cases. He mentioned 123. He said that he would take special care to focus on these particular issues as we – as Japan also works to implement the joining of The Hague Convention, which the United States appreciates greatly.”

Many thanks to ALL who have worked this issue for the past 15 years to get us to this point. You all contributed in some way. From Walter and Brian, who co-founded CRC 15 years ago, to all who continue that work today.

Attached is a letter from BAC Home to the President, delivered last week to the White House on behalf of BAC Home by House Minority Whip Steny Hoyer.

Additionally, I have attached a letter sent to the President by Congressman Chris Smith asking that the President address the issue. We all owe a great deal of thanks to Congressman Smith, and the members of BAC Home wish to personally thank him for referring to the BAC Home organization in his letter to the President.

Letters as PDFs:

Mr President (BAChome)_2011_09_15

Pres Obama (Congressman Smith) Japan

 

JPG versions:

It is now our duty and obligation to keep this issue at this high level, and push for further public discussion of this issue by our government officials, until we are reunited with our children.

Sincerely, Paul Toland
BAChome.org, P.O. Box 16254, Arlington, VA 22215 • www.BAChome.org • BAChome@BAChome.org

ENDS

US State Department report 2011: “Japan’s Foreign trainee program ‘like human trafficking'”

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to JapanForeign Residents and Naturalized Citizens Association forming NGO\「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  Pretty self explanatory.  Japan’s “Trainee” program is now acknowledged by a significant authority on the subject to contribute to human trafficking.  Read on.  The U.S. State Department report text in full after articles from the Asahi and the Yomiuri.  Arudou Debito

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

U.S. State Department blasts Japan in human trafficking report
BY HIROTSUGU MOCHIZUKI CORRESPONDENT
2011/06/30 The Asahi Shimbun

http://www.asahi.com/english/TKY201106290187.html

WASHINGTON–The U.S. State Department sharply criticized Japan’s industrial training and technical internship program in its annual report on human trafficking, citing various abuses against foreign trainees by their employers.

The Trafficking in Persons Report, released June 27, urged the Japanese government to dedicate “more government resources to anti-trafficking efforts.”

Referring to the “foreign trainees program,” the report noted “the media and NGOs continued to report abuses including debt bondage, restrictions on movement, unpaid wages … elements which contribute to … trafficking.”

The State Department recommended the Japanese government strengthen efforts to investigate, prosecute and punish acts of forced labor, including those that fall within the foreign trainee program.

The latest report covered 184 countries and regions, the largest number ever. They were classified into four categories–Tier 3, the worst rating, Tier 2 Watch List, Tier 2, and Tier 1, countries whose governments fully comply with standards set under the U.S. trafficking victims protection act.

Japan was ranked Tier 2, second from the top category, for the seventh consecutive year. Tier 2 indicates countries and regions whose governments do not fully meet the minimum standards in protecting victims of human trafficking, but are making efforts to comply with the standards.

The report said, “Japan is a destination, source, and transit country for men, women, and children subjected to forced labor and sex trafficking.
ENDS

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

Foreign trainee program ‘like human trafficking’
The Yomiuri Shimbun, (Jun. 29, 2011)
Kentaro Nakajima / Yomiuri Shimbun Correspondent, Courtesy of JK

http://www.yomiuri.co.jp/dy/world/T110628004796.htm

WASHINGTON–The U.S. State Department said in its annual Trafficking in Persons Report that some conditions faced by participants in Japan’s foreign trainee program were similar to those seen in human trafficking operations.

According to criteria set under the U.S. trafficking victims protection act, enacted in 2000, the report released Monday classified 184 countries and territories into four categories: Tier 3, the worst rating; Tier 2 Watch List; Tier 2; and Tier 1.

Japan was rated Tier 2 for the seventh consecutive year. Tier 2 indicates countries and territories whose governments do not fully meet the act’s minimum standards, but are making significant efforts to do so.

Twenty-three countries, including North Korea, were classified as Tier 3.

Regarding conditions for foreign trainees in Japan, the report noted “the media and NGOs continued to report abuses including debt bondage, restrictions on movement, unpaid wages, overtime, fraud and contracting workers out to different employers–elements which contribute to situations of trafficking.”

The Japanese government has not officially recognized the existence of such problems, the report said.

It also said Japan “did not identify or provide protection to any victims of forced labor.”

The foreign trainee program, run by a government-related organization, is designed to help foreign nationals, mainly from China and Southeast Asian nations, who want to learn technology and other skills by working for Japanese companies.

The majority of trainees are Chinese, who according to the report “pay fees of more than 1,400 dollars to Chinese brokers to apply for the program and deposits of up to 4,000 dollars and a lien on their home.”

The report said a NGO survey of Chinese trainees in Japan found “some trainees reported having their passports and other travel documents taken from them and their movements controlled to prevent escape or communication.”

ENDS

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

U.S. STATE DEPARTMENT REPORT TEXT IN FULL
Courtesy GW, JK, SS, and others.

OFFICE TO MONITOR AND COMBAT TRAFFICKING IN PERSONS
Trafficking in Persons Report 2011
JAPAN (Tier 2)
http://www.state.gov/g/tip/rls/tiprpt/2011/164232.htm

Japan is a destination, source, and transit country for men, women, and children subjected to forced labor and sex trafficking. Male and female migrant workers from China, Indonesia, the Philippines, Vietnam, and other Asian countries are sometimes subject to conditions of forced labor. Some women and children from East Asia, Southeast Asia, and in previous years, Eastern Europe, Russia, South America, and Latin America who travel to Japan for employment or fraudulent marriage are forced into prostitution. During the reporting period, there was a growth in trafficking of Japanese nationals, including foreign-born children of Japanese citizens who acquired nationality. In addition, traffickers continued to use fraudulent marriages between foreign women and Japanese men to facilitate the entry of these women into Japan for forced prostitution. Government and NGO sources report that there was an increase in the number of children identified as victims of trafficking. Japanese organized crime syndicates (the Yakuza) are believed to play a significant role in trafficking in Japan, both directly and indirectly. Traffickers strictly control the movements of victims, using debt bondage, threats of violence or deportation, blackmail, and other coercive psychological methods to control victims. Victims of forced prostitution sometimes face debts upon commencement of their contracts as high as $50,000 and most are required to pay employers additional fees for living expenses, medical care, and other necessities, leaving them predisposed to debt bondage. “Fines” for misbehavior added to their original debt, and the process that brothel operators used to calculate these debts was not transparent. Some of the victims identified during the reporting period were forced to work in exploitative conditions in strip clubs and hostess bars, but were reportedly not forced to have sex with clients. Japan is also a transit country for persons trafficked from East Asia to North America. Japanese men continue to be a significant source of demand for child sex tourism in Southeast Asia.

Although the Government of Japan has not officially recognized the existence of forced labor within the Industrial Trainee and Technical Internship Program (the “foreign trainee program”), the media and NGOs continue to report abuses including debt bondage, restrictions on movement, unpaid wages and overtime, fraud, and contracting workers out to different employers – elements which contribute to situations of trafficking. The majority of trainees are Chinese nationals who pay fees of more than $1,400 to Chinese brokers to apply for the program and deposits – which are now illegal – of up to $4,000 and a lien on their home. An NGO survey of Chinese trainees in Japan, conducted in late 2010, found that workers’ deposits are regularly seized by the brokers if they report mistreatment or attempt to leave the program. Some trainees also reported having their passports and other travel documents taken from them and their movements controlled to prevent escape or communication.

The Government of Japan does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Although Japan provided a modest grant to IOM for the repatriation of foreign victims identified in Japan, the government’s resources dedicated specifically to assist victims of trafficking were low, particularly relative to Japan’s wealth and the size of its trafficking problem. During the year, the government published a manual for law enforcement and judicial officers on identifying trafficking victims and developed a Public Awareness Roadmap to increase prevention of trafficking in Japan. The government also reported some efforts to punish and prevent trafficking of women for forced prostitution. Nonetheless, the government made inadequate efforts to address abuses in the foreign trainee program despite credible reports of mistreatment of foreign workers. Although the government took some steps to reduce practices that increase the vulnerability of these workers to forced labor, the government reported poor law enforcement against forced labor crimes and did not identify or provide protection to any victims of forced labor. In addition, Japan’s victim protection structure for forced prostitution remains weak given the lack of services dedicated specifically to victims of trafficking.

Recommendations for Japan: Dedicate more government resources to anti-trafficking efforts, including dedicated law enforcement units, trafficking-specific shelters, and legal aid for victims of trafficking; consider drafting and enacting a comprehensive anti-trafficking law prohibiting all forms of trafficking and prescribing sufficiently stringent penalties; significantly increase efforts to investigate, prosecute, and assign sufficiently stringent jail sentences to acts of forced labor, including within the foreign trainee program, and ensure that abuses reported to labor offices are referred to criminal authorities for investigation; enforce bans on deposits, punishment agreements, withholding of passports, and other practices that contribute to forced labor in the foreign trainee program; continue to increase efforts to enforce laws and stringently punish perpetrators of forced prostitution; make greater efforts to proactively investigate and, where warranted, punish government complicity in trafficking or trafficking-related offenses; further expand and implement formal victim identification procedures and train personnel who have contact with individuals arrested for prostitution, foreign trainees, or other migrants on the use of these procedures to identify a greater number of trafficking victims; ensure that victims are not punished for unlawful acts committed as a direct result of being trafficked; establish protection policies for all victims of trafficking, including male victims and victims of forced labor; ensure that protection services, including medical and legal services, are fully accessible to victims of trafficking by making them free and actively informing victims of their availability; and more aggressively investigate and, where warranted, prosecute and punish Japanese nationals who engage in child sex tourism.

Prosecution

The Japanese government took modest, but overall inadequate, steps to enforce laws against trafficking during the reporting period; while the government reportedly increased its law enforcement efforts against forced prostitution, it did not report any efforts to address forced labor. Japan does not have a comprehensive anti-trafficking law, but Japan’s 2005 amendment to its criminal code, which prohibits the buying and selling of persons, and a variety of other criminal code articles and laws, could be used to prosecute some trafficking offenses. However, it is unclear if the existing legal framework is sufficiently comprehensive to criminalize all severe forms of trafficking in persons. These laws prescribe punishments ranging from one to 10 years’ imprisonment, which are sufficiently stringent and generally commensurate with penalties prescribed for other serious crimes. During the reporting period, the government reported 19 investigations for offenses reported to be related to trafficking, resulting in the arrest of 24 individuals under a variety of laws, including immigration and anti-prostitution statutes. Given the incomplete nature of the government’s data, it is not clear how many of these involve actual trafficking offenses. The government convicted 14 individuals of various trafficking-related offenses, though most were convicted under statutes other than those for human trafficking crimes. Of these 14 convicted offenders, six received non-suspended jail sentences ranging from 2.5 to 4.5 years plus fines, six received suspended jail sentences of approximately one to two years plus fines, and one was ordered to only pay a fine. Ten cases were not prosecuted for lack of evidence. These law enforcement efforts against sex forms of trafficking are an increase from the five convictions reported last year. The National Police Agency (NPA), Ministry of Justice, Bureau of Immigration, and the Public Prosecutor’s office regularly trained officers on trafficking investigation and prosecution techniques, including training programs conducted by IOM and NGOs. In July 2010, the government distributed a 10-page manual to assist law enforcement, judicial and other government officers in identifying and investigating trafficking offenses and implementing victim protection measures.

Nonetheless, Japan made inadequate efforts to criminally investigate and punish acts of forced labor. Article 5 of Japan’s Labor Standards Law prohibits forced labor and prescribes a penalty of one to 10 years’ imprisonment or a fine ranging from $2,400 to $36,000, but is generally limited to acts committed by the employer. A July 2010 government ordinance bans the practices of requiring deposits from applicants to the foreign trainee program and imposing fines for misbehavior or early termination. Despite the availability of these prohibitions, however, authorities failed to arrest, prosecute, convict, or sentence to jail any individual for forced labor or other illegal practices contributing to forced labor in the foreign trainee program. The government investigated only three cases of suspected forced labor during the reporting period. Most cases of abuse taking place under the foreign trainee program are settled out of court or through administrative or civil hearings, resulting in penalties which are not sufficiently stringent or reflective of the heinous nature of the crime, such as fines. For example, in November 2010, the Labor Standards Office determined that a 31-year-old Chinese trainee officially died due to overwork; although he had worked over 80 hours per week for 12 months preceding his death without full compensation, the company received only a $6,000 fine as punishment and no individual was sentenced to imprisonment or otherwise held criminally responsible for his death.

In addition, the government failed to address government complicity in trafficking offenses. Although corruption remains a serious concern in the large and socially accepted entertainment industry in Japan, which includes the prostitution industry, the government did not report investigations, arrests, prosecutions, convictions, or jail sentences against any official for trafficking-related complicity during the reporting period.

Protection

The Government of Japan identified more victims of sex trafficking than last year, but its overall efforts to protect victims of trafficking, particularly victims of forced labor, remained weak. During the reporting period, 43 victims of trafficking for sexual purposes were identified, including a male victim – an increase from the 17 victims reported last year, though similar to the number identified in 2008 (37), and lower than the number of victims identified in each of the years from 2005 to 2007. Japanese authorities produced a manual entitled, “How to Treat Human Trafficking Cases: Measures Regarding the Identification of Victims” that was distributed to government agencies in July 2010 to identify victims of trafficking. The manual’s focus, however, appears to be primarily on identifying the immigration status of foreign migrants and their methods of entering Japan, rather than identifying indicators of nonconsensual exploitation of the migrants. It is also unclear if this manual led to the identification of any victims and whether it was used widely throughout the country. Some victims were reportedly arrested or detained before authorities identified them as trafficking victims. Japan failed to identify any victims of forced labor during the reporting period despite ample evidence that many workers in the foreign trainee program face abuses indicative of forced labor. The government has no specific protection policy for victims of forced labor and it has never identified a victim of labor trafficking. Moreover, services provided to identified victims of trafficking for forced prostitution were inadequate. Japan continues to lack dedicated shelters for victims of trafficking. Of the identified victims, 32 received care at government shelters for domestic violence victims – Women’s Consulting Centers (WCCs) – but these victims reportedly faced restrictions on movement outside of these multi-purpose shelters, and inadequate services inside them. Due to limitations on these shelters’ space and language capabilities, WCCs sometimes referred victims to government-subsidized NGO shelters. For instance, due to the government’s continued lack of protection services for male victims of trafficking, the one male victim identified during the reporting period received services at an NGO shelter. IOM provided protection to 20 foreign victims of trafficking during the reporting period with government funding. Although the government paid for victims’ psychological services and related interpretation costs in the WCC shelters, some victims at NGO shelters did not receive this care. A government program exists to pay for all medical services incurred while a victim resides at the WCC, but the system for administering these services is not well organized and, as a result, some victims of trafficking did not receive all available care. The government-funded Legal Support Center provides pro bono legal services to destitute victims of crime, including trafficking victims, but information about available service was not always provided to victims in the government and NGO shelters. If a victim is a child, the WCC works with a local Child Guidance Center to provide shelter and services to the victim; the government reported that one victim was assisted in this manner during the reporting period. Furthermore, while authorities reported encouraging victims’ participation in the investigation and prosecution of their traffickers, victims were not provided with any incentives for participation, such as the ability to work or otherwise generate income. In addition, the relative confinement of the WCC shelters and the inability of victims to work led most victims to seek repatriation. A long-term residency visa is available to persons identified as trafficking victims who fear returning to their home country, but only one person has ever applied for or received this benefit.

Prevention

The Japanese government made limited efforts to prevent trafficking in persons during the reporting period. The Inter-ministerial Liaison Committee continued to meet, chaired by the cabinet secretary, and agreed on a “Public Awareness Roadmap” and released posters and distributed brochures aimed at raising awareness of trafficking. More than 33,000 posters and 50,000 leaflets were distributed to local governments, police stations, community centers, universities, immigration offices, and airports. NGOs, however, reported that this campaign had little effect and failed to reach the consumers of commercial sexual services. The Immigration Bureau conducted an online campaign to raise awareness of trafficking and used flyers to encourage local immigration offices to be alert for indications of trafficking. In July 2010, the government amended the rules of the foreign trainee program to allow first-year participants access to the Labor Standards Office and to ban the use of deposits and penalties for misbehavior or early termination, in order to prevent conditions of forced labor within this program and provide increased legal redress to participants of the program. The government did not report its efforts to enforce the ban on deposits and it is unclear whether the new rules contributed to a reduction in the number of cases of misconduct committed by the organizations that receive the interns. NGO sources report that brokers have instructed participants to deny the existence of these deposits or “punishment agreements” to Japanese authorities. The government continued to fund a number of anti-trafficking projects around the world. For years, a significant number of Japanese men have traveled to other Asian countries, particularly the Philippines, Cambodia, and Thailand, to engage in sex with children. Japan has the legal authority to prosecute Japanese nationals who engage in child sex tourism abroad and arrested one man under this law in February 2011; a total of eight persons have been convicted under this law since 2002. Japan is not a party to the 2000 UN TIP Protocol.
ENDS

 

 

My book “IN APPROPRIATE” now on sale at Amazon.com and Barnes & Noble online

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to JapanForeign Residents and Naturalized Citizens Association forming NGO\「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
UPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS on iTunes, subscribe free

Hi Blog.  In addition to my latest Japan Times JUST BE CAUSE column (out today, read it here), I am very happy to announce that my latest book, “IN APPROPRIATE: A novel of culture, kidnapping and revenge in modern Japan“, is now available for purchase at Amazon.com and Barnes & Noble.

More on IN APPROPRIATE here.

Buy from Amazon by clicking this link. Or buy from Barnes and Noble by clicking this link.

FYI.  Thanks as always for reading.  Arudou Debito, speaking at Doshisha University law school this evening.

Mainichi: “American teacher in Sendai stays in Japan to help with volunteer efforts”

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to JapanForeign Residents and Naturalized Citizens Association forming NGO\「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
UPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS on iTunes, subscribe free

Hi Blog.  Here’s one that got lost in the shuffle between debates; was going to put it up around May 10.  My commentary is a bit old, but might as well put it up for the record:

In apposite to the debunkable claims of “Fly-jin” NJ, here is an article in the media with a survey of how NJ are actually by-and-large NOT being “Fly-jin”.  Good.  Hope these cases have sunk in with the Japanese public by now.  Arudou Debito

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American teacher in Sendai stays in Japan to help with volunteer efforts
(Mainichi Japan) April 25, 2011

http://mdn.mainichi.jp/mdnnews/national/news/20110425p2a00m0na011000c.html

PHOTO CAPTION:  Greg Lekich, far left, and other volunteers are pictured in Tagajo, Miyagi Prefecture, on April 20. (Photo courtesy of Greg Lekich)

SENDAI — With the nuclear plant crisis and continuing aftershocks, many foreign assistant English teachers have left Japan to return to their home countries, but one assistant language teacher (ALT) here chose to stay behind and do what he could for volunteer efforts.

Greg Lekich, 31, is an American ALT who teaches English at a high school in Sendai. Together with around 10 others, he has been doing volunteer work such as shoveling mud and helping clean people’s debris-filled houses. He says that he has many friends and students he has taught in Japan, and has grown used to where he lives now. He says he does not have plans to leave the country any time soon.

Lekich was born in Philadelphia. He spent a year of college learning Japanese and came to the country in 2004. After teaching English in Numazu, Shizuoka Prefecture, and other locations, he started work as an ALT at Miyagi Hirose High School and Miyagiken Technical High School from 2007.

When the earthquake struck on March 11, Lekich was in the teacher’s room at Miyagi Hirose High School. It was his first experience of a large earthquake. Following the instructions of the school staff, he evacuated to the athletic field outside. After walking for three hours to return home, he used the Internet to check on the safety of his foreign friends.

As the crisis at the Fukushima No. 1 Nuclear Power Plant was added to the list of disasters, many foreigners in Japan began leaving the country. However, Lekich stayed in Sendai. His father, a former nuclear plant safety engineer, told him that under the circumstances, he didn’t think his son needed to worry so much about the radiation. His mother said she was worried, but asked him to do what he thought was right.

Lekich decided to volunteer. Together with other teachers in the prefecture, he made the website “Teachers for Japan,” through which he and the others have posted English videos of the disaster-hit areas and collected money for those orphaned by the quake or tsunami. He also helps with relief work such as cleaning debris in houses three or four days a week in Wakabayashi Ward in Sendai and the cities of Ishinomaki and Tagajo.

He says that on the night of the earthquake, his Japanese girlfriend and her mother brought him food and water because they were worried. He says it made him feel strongly how people should help each other out in trying times.

Class at the high schools will start again at the end of the “Golden Week” break at the start of May. Lekich says that having class as always will help people return to their normal lives. He says he hopes the fact that he, an American, stayed where he was will bring courage to his students.

However, many ALTs have not stayed behind. According to the Council of Local Authorities for International Relations (CLAIR), which every year mediates the contracts of around 4,000 ALTs at local authorities around the country, 44 ALTs quit their jobs after the earthquake. Over half of them were at schools outside of the hardest hit Iwate, Miyagi and Fukushima prefectures. At least one had been working in Kyushu.

From this spring, English will be a mandatory subject for fifth- and sixth-graders at elementary schools. Minato Ward in Tokyo, which employs ALTs at all of its schools, has been unable to secure a complete number of ALTs in April, which delayed the start of English class by a week.

At one ALT dispatching company in Tokyo, over 100 ALTs have returned to their home countries and not come back to Japan.

“We are searching for substitutes (for those teachers who left) 24 hours a day. Among teachers who have left Japan but want to come back, many seem to have been held back by family,” said a company spokesperson.

ENDS

Original Japanese story

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

東日本大震災:仙台を離れず 米国人ALT、支援に奮闘
毎日新聞 2011年4月23日 11時01分(最終更新 4月23日 12時39分)
http://mainichi.jp/photo/news/20110423k0000e040021000c.html

外国人の仲間たちとボランティアをするレキチさん(左端)=宮城県多賀城市で、本人提供
仙台市の県立高校で英語を教える米国人ALT(外国語指導助手)のグレッグ・レキチさん(31)は、被災地で英語教師ら約10人の仲間と一緒に家の片づけや泥かきのボランティア活動を続けている。「日本にはたくさんの友達や教え子がいる。住み慣れた街を離れようとは思いません」と話す。

レキチさんはフィラデルフィアの出身。大学4年で1年間日本語を学び、04年に来日した。静岡県沼津市などで英語教師をした後、07年から仙台市の県立宮城広瀬高と県工業高で指導助手を務めている。

3月11日の地震発生時は宮城広瀬高の職員室にいた。初めて体験する大きな揺れだったが、同僚が落ち着いて誘導してくれて、校庭に避難。3時間かけて歩いて自宅アパートに帰り、インターネットで外国人仲間の安否情報を集め始めた。

福島第1原発の事故も起き、日本に住む外国人は続々と脱出。しかしレキチさんは仙台にとどまった。原発の安全対策のエンジニアだった父から「今の状況なら、放射能のことはそれほど心配しなくていいと思う」、母親からも「心配だけれど、あなたが正しいと思うことをやりなさい」と言われ、被災者の支援に乗り出した。

県内の教師仲間と一緒にインターネットサイト「ティーチャーズ・フォー・ジャパン」(http://www.teachersforjapan.org/Japanese.php)を作り、震災遺児への寄付を募ったり、動画サイト「ユーチューブ」に、被災地の様子を撮影した動画を投稿して、英語で状況を伝えている。また、週3~4日間、同市若林区や石巻市、多賀城市で被災した家の片づけなどをしている。

地震の日の夜、日本人のガールフレンドと母親が心配して食べ物と水を持ってきてくれた。「彼女たちが落ち着いていたので、私もパニックにならずに済んだ。困った時に人間は助け合うものだという思いを強くした」

5月の大型連休明けには授業が始まる。レキチさんは「いつも通り授業をすることが、日常を取り戻す手助けになるはず。アメリカ人の私がここに残ったという事実が、生徒を勇気づけられるといいと思います」と語った。【中嶋真希】

◇帰国者多いALT 対応に追われる派遣元
ALTは英語の授業などで日本人の教員をサポートする。今春から小学5、6年生で外国語活動(英語)が必修化され、ALTの必要性が高まっている。一方で原発事故や余震を恐れて帰国するALTも多く、派遣元の企業や団体は対応に追われている。

全国の自治体に年間約4000人のALTをあっせんする財団法人「自治体国際化協会」(東京都千代田区)によると、震災以降44人が学校を辞めた。半数以上は東北3県以外の学校で働いていた人だ。勤務先が九州だった人もいる。補充を急ぐよう各地の教育委員会から要請があり、この夏からの就労予定者に前倒しでの来日を交渉しているという。

すべての区立小にALTを配置している東京都港区は、4月に必要な人数を確保できなかったため、新学期の英語の授業開始が1週間遅れた。

100人以上が帰国したまま戻らなかった都内のALT派遣会社は「24時間態勢で代わりを探しているが、本人が再来日したいと思っても、家族が引き留めるケースが多いようだ」と話している。【望月麻紀】

ENDS

Sankei: MOJ proposes easier visas for importing “higher quality” NJ labor; neglects to offer NJ stronger civil or labor rights

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to JapanForeign Residents and Naturalized Citizens Association forming NGO\「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  The Sankei reports on May 25 that the Ministry of Justice will be loosening some of its strictures on NJ visas (the Sankei uses the word nohouzu in its headline; I’m not 100% sure of the nuance but it sounds like “a wild and endless expansion of favorable treatment regarding NJ entry visas”; rather snotty, but that’s the Sankei for ya).

The new Immigration policy is directed at NJ with very high skills (koudo jinzai — a good idea) and their families (who will also be allowed to work; wow, that’s a change!), will have a points system for evaluation (another good idea), will offer longer visa periods (5 years), and will loosen the specificity between work visas.  It’s being touted as a means to make Japan more appealing to NJ labor (you had better!).

Sounds like a step in the right direction.  But it’s still 中途半端.  What’s missing is GOJ guaranteeing some degree of protection of labor and civil rights after NJ get here.  And what about qualifications?  Just try practicing law, medicine, or most other licensed skills in Japan now without going through the rigmarole of domestic certification, with walls so high (cf. the NJ nurses from Indonesia and The Philippines over the past few years) that almost all NJ applicants fail (and, magically, have to return home as usual after three years, just like any other revolving-door “Trainee” or “Researcher” NJ laborer).

This isn’t the first time a points system etc. has been floated (only to die the death of a thousand meddling bureaucrats) either.  I guess the mandarins are realizing what a fix Japan is in without NJ labor.  But if this kind of policy is going to happen at all, the almighty MOJ has to be the one proposing it.  Then perhaps the waters will part for Moses.  Let’s wait and see.

But this is on balance “good” news.  But not “great” news unless the GOJ also does something to force domestic actors to treat NJ nicely.  Which is doubtful.  Arudou Debito

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

法務省、外国人の入国優遇を野放図に拡大
産經新聞 2011.5.25 01:30, Courtesy of KG
http://sankei.jp.msn.com/politics/news/110525/plc11052501310002-n1.htm

法務省が専門的な技術や知識を持つ外国人(高度人材)を対象に、本人・配偶者の親や家事使用人の帯同、配偶者の就労制限を緩和するなどの優遇措置をまとめたことが24日分かった。政府が新成長戦略で掲げた「優秀な海外人材を引き寄せる」との方針に従う措置だが、専門知識のない外国人の入国を野放図に拡大する恐れがあり、与野党で反発が広がる公算が大きい。

表題は「高度人材に対するポイント制による優遇制度の基本的枠組み案」。政府は近く閣議決定か閣議了解の手続きを行い、10月に法務省告示を改正、今年中の施行を目指す方針だ。

枠組み案は、現行の出入国管理法が在留資格を認める人文知識・国際業務、投資・経営、法律・会計業務、医療、研究などの専門分野の人材のうち、学歴、職歴、年収などでポイントを満たした者を「高度人材」と位置付けて優遇。専門分野を越えた活動を許容し、最長在留期間も現在の3年から5年に延長する。

法務省は「有為な人材を招く上で家族やメイドを連れてこられないことがハードルになる」とし、原則的に認められない本人・配偶者の親、家事使用人の帯同、配偶者の就労許可といった優遇措置を検討している。

ただ、厚生労働省は事前調整で、親や家事使用人の帯同に関して「慎重な検討が必要」と難色。民主党からも「法改正を行わず、ドサクサ紛れで単純労働者を受け入れようとしている」(中堅)との批判がある。

高度人材優遇制度の基本的枠組み案の骨子

・対象は学術研究、高度専門・技術、経営・管理の活動を行う外国人

・学歴、年収、研究実績などのポイントを満たした者に入国・在留要件を緩和

・在留期間は最長5年

・親、家事使用人の帯同、配偶者の就労を許可

・平成23年中に導入

ENDS

Yomiuri: Govt eyes international human rights complaint framework, where domestic claimants can take their issue to the U.N.

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to JapanForeign Residents and Naturalized Citizens Association forming NGO\「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
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Hi Blog.  A bit of promising news here.  If I had had this available to me before, during, or shortly after the Otaru Onsens Case, we might have gotten a bit more traction.  Read on.  Arudou Debito

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

Govt eyes intl human rights complaint framework
The Yomiuri Shimbun (May. 27, 2011) courtesy of TC

http://www.yomiuri.co.jp/dy/national/T110526005758.htm

The government will seek to introduce a system to enable people who claim to be victims of human rights violations to file complaints with the United Nations and other international organizations based on global treaties, sources said Thursday.

Details will be worked out among officials from relevant government bodies, mainly the Justice Ministry and the Foreign Ministry, and the government intends to obtain Cabinet consent on the matter by the end of the year, the sources said.

The individual complaint system is based on international treaties governing the protection of human rights. Under the system, when perceived rights violations are not addressed after an individual has exhausted all possible means under a country’s legal system, the person can file a complaint with certain international organizations. The relevant organization then issues warnings or advisories to the nation if it recognizes the individual’s case as a human rights violation.

After an international organization gives its opinion or recommendation to a signatory nation of the relevant international treaty, the country is asked to investigate the cases based on the international organization’s views and report back to it.

The system can be used when nations have either ratified the optional protocol to the International Covenant on Civil and Political Rights or declared their acceptance of the system. The optional protocol of the treaty, which defines the system and was adopted in 1966 by the U.N. General Assembly, has been ratified by 113 nations, including several European nations and South Korea. Japan has ratified the treaty but not the optional protocol.

The government is considering accepting the system via Cabinet consent on the following treaties: the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the International Convention for the Protection of All Persons from Enforced Disappearance.

The Democratic Party of Japan has long called for the introduction of the system, as it believes it would expand opportunities for human rights abuses to be settled.

The DPJ pledged to introduce the system in its manifesto for the 2009 House of Representatives election. Justice Minister Satsuki Eda has also vocally advocated its introduction, saying the nation must act in line with “international rules.”

But other government officials have said it would be difficult to balance the system with an independent judiciary, and that there would be problems keeping the legal system consistent if international organizations demanded the government make changes.

ENDS

Chris Savoie wins US court award of $6.1 million against ex-wife for breach of contract, emotional distress, and false imprisonment of his children in Japan

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to JapanForeign Residents and Naturalized Citizens Association forming NGO\「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb

UPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS on iTunes, subscribe free

Hi Blog. Congratulations to Chris Savoie on his massive U.S. court victory against his ex-wife for, inter alia, false imprisonment of his children in Japan.

Debito.org has talked about the Savoie Case for quite some time now (do a search), but I devoted a Japan Times JUST BE CAUSE column to it back in October 2009. I’m personally glad he’s staying the course, and seeking judicial recourse that is amounting to legally-binding agreement. This is setting an important precedent regarding the issue of international child abduction, and drawing attention to a long-neglected problem. Arudou Debito

PS: Note the lame (if not just plain inaccurate) headline by the Japan Times/Kyodo News on this, “Wife fined for taking children to Japan“; makes it sound like she got punished for being a tourist. Get on the ball. Call it what it is: Child abduction.

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

Order for ex-wife to pay millions doesn’t make up for time lost with kids, says Franklin father
Court rules mom who took kids to Japan owes $6.1M
The Tennesseean, May 10, 2011
http://www.tennessean.com/article/20110510/NEWS03/305100033/Dad-whose-ex-wife-moved-kids-to-Japan-says-6M-win-bittersweet-

A mother who left Middle Tennessee with her two young children to live permanently in her native Japan — leaving behind an ex-husband with joint custody rights — has been ordered to pay the father $6.1 million in damages.

But Christopher J. Savoie of Franklin said the money alone is a hollow victory. He hopes the ruling will help end a battle he has waged since 2009 to bring the children home.

“Anything about this just reopens a lot of wounds. It’s bittersweet,” said Christopher Savoie, who said he hasn’t been allowed even to speak to Isaac, 10, and Rebecca, 8, in more than a year. “At the end of the day, I’d much rather have one afternoon in the park with my kids than one penny of this judgment.”

Shortly after Noriko Esaki Savoie permanently moved with the children to Japan, a Williamson County court gave Christopher Savoie full custody, and the Franklin Police Department issued an arrest warrant for Noriko Savoie charging her with custodial interference. But because of domestic laws pertaining to custody and divorce, Japan will not help the United States resolve parental abductions to the country. The U.S. Department of State’s Office of Children’s Issues reports that it “does not have a record of any cases resolved through a favorable Japanese court order or through the assistance of the Japanese government.”

In March, Noriko Savoie was charged in federal court with unlawful flight to avoid prosecution, and an arrest warrant was issued. That effort also has failed so far.

“My understanding is we don’t have an extradition agreement with Japan as it relates to parental kidnapping,” Assistant U.S. Attorney Carrie Daughtrey said. “As far as I know, nothing has been done.”

Christopher Savoie believes Monday’s ruling may open a door. His attorney, Joseph A. “Woody” Woodruff of Waller Lansden Dortch & Davis, said that while Japan won’t enforce U.S. judgments that pertain to custody or otherwise order Japanese citizens to “do the right thing,” they will enforce money judgments.

“They will enforce orders that assess damages for breach of contract and civil wrongs,” Woodruff said. “This is a tool we’re going to try to use to convince Noriko Savoie she needs to do the right thing.”

Williamson County Chancery Court Judge Tim Easter announced the damages Monday, having previously found Noriko Savoie guilty of three crimes in September. Easter ordered Noriko Savoie to pay Christopher Savoie more than $1 million for breach of contract and the intentional infliction of emotional distress. She was ordered to pay Christopher Savoie $1.1 million, to be held for the benefit of the children, for falsely imprisoning them since August 2009. Easter ordered Noriko Savoie to pay additional damages for each day she continues to falsely imprison the children up to a maximum of $4 million.

“Every day, she has another chance to lower the amount of damages,” Christopher Savoie said. “Noriko is not an enemy here. She’s just got to do the right thing here.”

Noriko Savoie was not represented at the hearing. Marlene Moses, an attorney who represented Noriko Savoie in 2009, said she no longer represents her and is unfamiliar with the latest developments.

“She chose to ignore these proceedings,” Woodruff said. “She was served in person in Japan.”

In a related proceeding, Savoie is suing Williamson County Judge James G. Martin III for negligence and violations of his constitutional rights. Martin was the judge who lifted a restraining order on the children’s passports so that Noriko Savoie could take them on a six-week trip to Japan. He did so after Noriko Savoie promised at a hearing that she would not permanently move there. She returned from the trip as scheduled, but left again shortly thereafter and has remained in Japan since.

U.S. District Court Judge Aleta A. Trauger dismissed the case in December after ruling that Martin has judicial immunity. Savoie has taken the case to the U.S. 6th Circuit Court of Appeals.

Woodruff said Christopher Savoie’s lawyers in Japan are working to “domesticate” Easter’s orders. Christopher Savoie said he is frustrated the laws of Japan have left him with no other choice than to seek a large money judgment against his ex-wife, but hopes it will compel her to at least talk to him.

“I would much rather her return the kids than see 1 cent of this money,” he said. “I feel disappointed that the only thing we can do is ask for money. Even God can’t buy me back the year and a half I’ve missed. I feel bad for the judge even having to put a number on it.”

Contact Brandon Gee at bgee@tennessean.com

ENDS

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

Ex-R.I. man wins $6.1 million in custody case
The Providence Journal, Tuesday, May 10, 2011
By Richard C. Dujardin, Journal Staff Writer
http://www.projo.com/news/content/JAPAN_CUSTODY_05-10-11_3JO0LTA_v14.348c536.html

Christopher Savoie, a former Rhode Islander who drew international attention when he was thrown into a Japanese prison in 2009 for trying to recover his two children from his Japanese ex-wife by grabbing them as they walked to school, has won a $6.1-million judgment against his former wife.

But in an interview from his home in Franklin, Tenn., the University of Rhode Island and Bishop Hendricken High School graduate called the award issued by Franklin Chancellor Timothy Easter a “two-edged sword” in that it gives his ex-wife a strong financial incentive “to do the right thing” and allow him to see his two children, but there is no guarantee that he’ll see his 10-year-old son, Isaac, and 8-year-old daughter, Rebecca, before they reach 20, the age of majority in Japan.

“It’s bittersweet, because rather than getting any money, I’d much rather be in the park playing with my kids. No amount of money can compensate for that time with the kids,” said Savoie.

Along with his second wife, Amy, another former Rhode Islander who began a career in immunology at URI, Savoie, 40, became enmeshed in an international custody battle that unfolded two years after Christopher, who had achieved international stature as an innovator in biotechnology, returned to the United States with his children and Japanese wife, Noriko, in the hope of starting another business.

Not long after the couple arrived, Christopher sued for a divorce, and two months after being granted the divorce decree in January 2009, married Amy, whom he had known since his days at URI. Savoie says that, as part of the settlement, his ex-wife agreed to provide him custody of the children in exchange for a monthly payment of $5,500 along with other payments for their education.

Then, just days after Christopher and Amy gathered with friends and relatives and their two young children at a waterside restaurant in East Greenwich to celebrate their six-month wedding anniversary, Noriko told Savoie and the judge in Tennessee that she wanted to take the children on a brief vacation in Japan before they resumed school in the United States. It was only when the Savoies saw that there was no planned trip back that they began to suspect that their children had been abducted.

Savoie says that contrary to some reports in the media, his two children had always been brought up in an English-speaking environment. Isaac, who was born in California and went to preschool in the United Kingdom, scored in the 98th percentile on the standardized English test in Tennessee, and Rebecca was doing well, also.

In fact, he says, when he came upon their children on the street in Japan, their mother was walking closely behind because she needed to interpret for them because they were not fluent in Japanese. Savoie thought he could whisk them off the street, carry them off to the U.S. Consulate and bring them back to the U.S., only to see his plan foiled when officials at the consulate did not open the door and allowed him to be arrested by Japanese police.

Despite the exposure provided by his nearly three-week imprisonment, Savoie said he has not seen his children again. Every time he attempts to reach the children by phone, their grandparents hang up on him.

Savoie said his anxieties increased significantly after the Japanese earthquake and nuclear disaster. He said that while he was told the children are safe, by his calculations, “they are within the nuclear fallout zone.”

Savoie said the events of the last few days have given him some new hope. The judgement issued by a Tennessee court on Monday is designed to get his ex-wife’s cooperation by cutting off any future financial payments by her as soon as she agrees to return the children.

Although the court system in Japan recognizes that he has been awarded custody of the children by a Tennessee court, the problem is that Japan has no way of enforcing the custody settlement, Savoie said, but it does have a method of enforcing the financial penalties. “We have a set of lawyers waiting in the wings” to put in the mechanism to see the judgment implemented.

Savoie said he has also been buoyed by what he says is a recent announcement by Japan that it plans to sign the Hague Convention on international child abduction, a move that would make it easier for international parents to recover their children who have been taken in custody disputes.

In the meantime, Savoie said the international custody battle has caused him and Amy to reconsider their calling. Instead of immunology, both are now students at Nashville School of Law in the hope that they may be able to help parents of other children — including some 300 in Japan alone — who have been abducted by spouses and are being held in Japan.

rdujardi@projo.com
ENDS

Donald Keene to naturalize, in a show of solidarity with the Japanese people, at age 88.

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to JapanForeign Residents and Naturalized Citizens Association forming NGO\「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in Japansourstrawberriesavatardebitopodcastthumb
UPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS on iTunes, subscribe free

Hi Blog.  A bit of a break from charting the arc of how the J media is bashing NJ as deserters:

Octogenarian scholar and Japan specialist Donald Keene has announced his intention to become a Japanese citizen, and move to Japan in light of the Tohoku Disasters.  Well, good for him.

Submitter JK notes, “While I respect Keene’s accomplishments as an academic, I can’t help but feel that his writings are a reflection of a person inhabiting a self-constructed bubble Japan whose universe is made up of haiku masters, poets, and scholars.”  There are also a few comments on Japan Probe that make light of his (in)decision given his advanced age.

A bit harsh, but I do find the logic — of linking a show of solidarity in the face of a crisis with a decision as personal as changing one’s nationality (and in Japan’s case, abrogating one’s former nationality) — a bit discomfiting.  As per Keene’s comments below, he’s basically falling into the ancient bad habit (a la Lafcadio Hearn’s day) of treating the Japanese people as monolithic.  Plus he won’t have to live quite as long with his (last-minute) decision compared to younger people who really plighted their troth here and naturalized.  A nice, but oddly-reasoned, gesture on Keene’s part.  Arudou Debito

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

‘I want to be with Japan’ / Donald Keene discusses plan to relocate, become citizen
Michinobu Yanagisawa / Yomiuri Shimbun Correspondent
(Apr. 24, 2011) Courtesy of JK
http://www.yomiuri.co.jp/dy/national/20110423dy02.htm

NEW YORK–Renowned expert in Japanese literature and culture Donald Keene, who recently announced his intention to gain Japanese citizenship and move permanently to Tokyo, wants to “be with the Japanese people,” he told The Yomiuri Shimbun.

Keene, a professor emeritus at Columbia University, said the Great East Japan Earthquake had inspired the decision.

“Japan will surely resurrect itself from the disaster to become an even more splendid country than before, I believe,” the 88-year-old, speaking in Japanese, said in an interview held Friday at his home in New York. “So I’ll be moving to Japan in a positive frame of mind.”

Keene said he will shift to Kita Ward, Tokyo, where he has owned a home for more than 30 years, by September.

Born in New York in 1922, Keene attended Columbia University, where he became fascinated with Japanese culture after reading an English translation of “The Tale of Genji.”

He later served as an interpreter during the Battle of Okinawa in the closing days of the Pacific War.

Keene has traveled through the Tohoku region many times, including some research trips for “The Narrow Road to Oku,” his English translation of the classic work of literature “Oku no Hosomichi,” by haiku master Matsuo Basho (1644-1694).

While studying in Japan, “I was surrounded by many people who warmly extended a helping hand to me,” Keene said.

By obtaining Japanese citizenship, “I’d like to convey my sense of gratitude to the Japanese people, which I’ve so far been unable to do,” he said.

Referring to reactions in the United States to the earthquake, tsunami and aftermath, including the nuclear crisis, Keene said, “Not a few people in the United States have been moved to learn Japanese people are doing their utmost to rebuild.”

Even Americans who had no particular interest in Japan before March 11 have been impressed by Japanese people’s composure in the wake of the disaster, he said.

“Americans have never felt such a strong affinity with Japan before,” Keene pointed out.

“I’ve made up my mind to become a Japanese citizen to be together with the Japanese people. I believe although words are important, of course, action is even more important,” Keene said.

“My decision to become a Japanese citizen is the manifestation of my expectations and convictions,” he said, explaining that he had a positive outlook for Japan.

“When I returned to Tokyo eight years after World War II, Japan had revived to become a far different country from what I’d seen just after the war’s end. I’m convinced Japan will become an even more wonderful nation by weathering the hardships of this disaster,” he said.

Keene recalled a tour of the Tohoku region in 1955 to research “Oku no Hosomichi.” “The view of a cluster of islets from the second floor of an inn in Matsushima [in Miyagi Prefecture] was unforgettably beautiful,” he said.

“I think there may be no structure in the world as beautiful as the Chusonji temple [in Iwate Prefecture], so I wonder why UNESCO has repeatedly failed to designate the temple as a World Heritage site,” Keene said.

“I think how terrible it is that the Tohoku region, full of such beautiful places and temples, has been hit so hard by the earthquake and tsunami,” he lamented.

Looking back on his interaction with Japanese poets and writers, Keene referenced the poet and author Jun Takami. Near the end of the Pacific War, Takami wrote in his diary of being deeply moved by the sight of people waiting patiently at Tokyo’s Ueno Station, trying to get to the safety of the countryside.

“I want to live together with these people and share death with them, as I love Japan and believe in Japan,” Keene said, quoting Takami.

“I now feel better able to understand Mr. Takami’s feelings,” he said.

Keene said his lawyer has already begun procedures for obtaining Japanese nationality.

He stressed that living in Japan would bring the most meaning to the rest of his life. He plans to spend time writing biographies of Hiraga Gennai (1728-1780), a scholar of Western studies in the Edo period (1603-1868), and Takuboku Ishikawa (1886-1912), a poet in the Meiji era (1868-1912).

In the 1950s, Keene studied at the postgraduate school of Kyoto University. He forged friendships with such literary giants as Yukio Mishima, Junichiro Tanizaki and Kobo Abe.

In 2008, Keene was given the Order of Culture by the Japanese government in recognition of his contributions to promoting Japanese literature and culture in Europe and the United States.
ENDS

SNA: “GOJ targets harmful internet rumors”, including the earthquake being caused by foreign terrorism

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to JapanForeign Residents and Naturalized Citizens Association forming NGO\「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatardebitopodcastthumbUPDATES ON TWITTER: arudoudebito
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Hi Blog. Here we have GOJ agencies working to stem malicious rumors from proliferating online, including those targeting NJ. Good. It’s also presented (by a news blog) as a debate between those who feel they have a right to know (and feel betrayed by the official media as an information source) and those who feel they can say anything they like about anybody thanks to freedom of speech. It’s a fine line, to be sure, but I’m glad to see somebody official trying to tackle (or, rather, at least thinking about tackling) the issue of hate speech against NJ. But without clear legal guidelines about what constitutes “hate speech” (or for that matter, “immoral information”) in Japan, those who don’t trust the government will no doubt foresee a wave of official censorship. Arudou Debito

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Japanese Government Targets “Harmful Rumors”
Shingetsu News Agency 2011.04.13, courtesy MS
By Makiko Segawa
http://shingetsublog.jugem.jp/?eid=75

SNA (Tokyo) — The Japanese government has now entered into the business of deciding what citizens may or may not talk about in public.

A new project team has been created by the Ministry of Internal Affairs and Communication, the National Police Agency, and METI to combat “rumors” deemed harmful to Japanese security in the wake of the March 11 disaster.

Specifically, these government organizations asserted in a press release that the damage caused by earthquakes and by the nuclear accident are being magnified by irresponsible rumors, and that the government must take steps against this trend for the sake of the public good.

Specifically, the project team is sending “letters of request” to such organizations as telephone companies, internet providers, cable television stations, and others, demanding that they “take adequate measures based on the guidelines in response to illegal information.”

The measures envisioned seem to relate primarily to erasing any information from internet sites written by members of the general public that the authorities deem to be harmful to public order and morality. People may also receive warnings.

When the SNA asked the Ministry of Internal Affairs and Communication to provide concrete examples of how the government tracked down “immoral” information on the internet, the official in charge of the telecommunications bureau said, “We have not carried out any enforcement actions yet. I cannot explain in detail how we are operating since the roles are partly divided according to the ministries involved.”

“What we, the Ministry of Internal Affairs and Communication, are doing,” the official added, “is to urge net providers such as NTT and KDDI to follow our guidelines.”

The Telecom Services Association reveals that the following requests have thus far come from the government:

March 17: Erase descriptions of the earthquake as a man-made event
March 24: Erase descriptions about the manufacturers of the troubled nuclear reactors
March 28: Erase claim that the earthquake was caused by foreign terrorism
April 1: Eliminate the pictures of dead bodies posted on blogs

The Telecom Services Association complied with some of the government requests.

Eri Watanabe, a member of FoE Japan, an international NGO dealing with environmental issues, fears that the government’s strategy is a first step to “justify censorship.”

“If the government had conveyed the correct information from the beginning,” she asserts, “then they would have headed off the spread of rumors. The media and the government have not been properly explaining the meaning of radiation level numbers.”

Kazumi Asano, a Tokyo-based blogger, exclaimed, “They are just afraid of people exposing their close connection with TEPCO!”

Ms. Asano claims that she knew in advance that the severity of the nuclear accident would be raised to a 7 because she heard it from friends who work as TEPCO engineers.

“It is the blogs that are revealing the facts to the public,” she contends.

“The government cannot track down all of us and eliminate the people’s freedom of expression!”

————————

 

 

 

Makiko Segawa is a staff writer at the Shingetsu News Agency.
ENDS

NJ helping Japan during this crisis: James Gibbs on his Miyagi Rescue Efforts

mytest

IN APPROPRIATE, A novel of culture, kidnapping, and revenge in modern Japan, By ARUDOU Debito
New novel IN APPROPRIATE by ARUDOU Debito

Handbook for Newcomers, Migrants, and Immigrants to JapanForeign Residents and Naturalized Citizens Association forming NGO\「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)JAPANESE ONLY:  The Otaru Hot Springs Case and Racial Discrimination in JapansourstrawberriesavatardebitopodcastthumbUPDATES ON TWITTER: arudoudebito
DEBITO.ORG PODCASTS on iTunes, subscribe free

Hi Blog.  As I shift the focus of Debito.org to how NJ residents are being bashed in Japan post 3-11 despite their best efforts, it’s first prudent to start giving an example or two of how NJ are actually trying to help.  Others who are similarly helping out are welcome to submit their stories here either by email (debito@debito.org) or as a comment below.  Well done, James.  Debito

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Report on the Miyagi trip this past Sunday after our Saturday fundraising efforts.
By James Gibbs. April 1, 2011

After holding a fundraising event on Mar.26, the following day we delivered donated items along with a fully-loaded van of food and clothes to Onagawa next to Ishinomaki City, which is just north of Sendai in Miyagi Prefecture. I’ve made the following brief report on the trip along with first-hand observations on the situation and suggestions for future assistance as I know everyone is wanting to do something to help.

We collected three boxes or donated items from guests. The food preparer, Paul, had stayed in the kitchen Saturday night rather than come to event and prepared 30kg of shephard’s pie meat/vegetable mix for the trip. We spent about Y60,000 on food, which was mostly crates of fresh vegetables, fruits, 10 cases of canned coffee, and 20kg of ready to eat meat including spiral hams along with other items and another Y15,000 on accessories like paper plates, bowls, chopsticks, plastic glasses, soap, cleaning alcohol, paper towels, toilet paper, plastic bags, etc.

Early Sunday morning I drove to Maple English School in Shinurayasu where the students had gathered about ten large boxes of clothes, diapers and other supplies. With the van loaded front to back all the way to the ceiling and riding low on the back tires from the weight, I set out for Miyagi with a long-time friend, Ian Cunnold, who runs Maple English School. Our destination was Onagawa Houiku Senta (Onagawa Public Health Center) in Onagawa, which is next to Ishinomaki City, in Miyagi Prefecture. This is a small fishing village that had been mostly destroyed. A Maple student, who was the main organizer of the school’s boxes, had a relative in that particular facility and had requested us to visit there. Thus, it was selected among the hundred or so evacuation facilities. Depending on their needs we were going to unload there or move on to another facility.

Upon arrival at about 5:00p.m., the administrators, who did not know we were coming, were very happy to see us and receive the supplies. They very warmly invited us in for dinner, which was very simple but sufficient and satisfying. They also asked us to stay the night before returning to Tokyo. Roads were a little bumpy and maybe lacking street lights so we were quite happy to accept their offer. It was very cold but we had brought sleeping bags and managed to get some sleep. Our Plan B had been to sleep in the van if necessary.

At 7:30 the following morning I was awakened by a rather rough earthquake and another tsunami warning. It was an eerie feeling while lying horizontal in a sleeping bag in an evacuation center on a hill overlooking total devastation in Onagawa on one side and Ishinomaki on the other side. Later I learned that there was a nuclear power plant almost around the corner, but it was not the one having trouble. Another irony occurred when I also later learned that Onagawa/Ishinomaki was home port to some whaling ships. Driving back it was a comforting thought that we were able to make a good impression of foreigners with these people. Personally I’m not a big fan of whaling, but I stop short of militantly telling people they have to stop their livelihood. I just hope for a more moderate gradual solution to that issue.

There were about 1,500 people in three buildings at that evacuation facility. All things considered the mood among the people we met was upbeat and cheerful, but we heard that some people were starting to get irritable as the situation would tax anyone’s spirits. One young lady we spoke with described having water rushing into her car and barely escaping with her life. Her family was all safe, but two of her friends were missing and two other friends had family members missing. At one point another lady in the office was having an emotional break down, crying and retelling her ordeal as an administrator held her in her arms.

About the supplies and the need for things: There was already plenty of food, water and clothes at this shelter along with lots of cooking equipment and several large human-size gas tanks. But the food was mostly rice, dried and canned items. The kitchen staff was very excited about every other box we opened. Some things were needed and others were not needed. They were particularly happy to see the fresh fruit and vegetables, hams, shepherd’s pie mix, orange juice, paper plates, chopsticks, etc. while they said they had plenty of rice, canned foods and most of the clothes they needed. We asked them to distribute the unneeded items to the other shelters and they said they would.

My overall impression of the situation was that very basic things were needed the first week, while at the two-week mark (when we arrived), those things were in supply while more fresh items like fruits, vegetables, meat, juices, milk, eggs, etc. were needed. With the roads open and gas shortages ending, supply lines should start flowing with no real shortage of things at the three-week mark. Therefore if you are thinking about sending anything by takyubin, please do so only after contacting one of the honbu centers and after confirming their specific requests. It seems that a surplus of things is starting to accumulate and cash donations to the Red Cross might be more useful as they can probably better manage distribution.

People were just barely starting to clean up with the removal of debris. Probably the next several months will involve clean up followed by the start of rebuilding this summer. Therefore my advice to people who want to help is to send cash donations (rather than items) to the Japan Red Cross and specifically to their fund for cash payments for survivors.

Volunteers will likely be needed for debris removal and rebuilding but please find an established group for such participation before going down there to volunteer. I am still looking for a proper organization that can introduce evacuees with people who can offer their apartments as I think this would be a very effective way for individuals to help. If anyone can recommend such a bulletin board or organization please let me know.

I would also like to add that I think the government deserves an A or an A- for their handling of the tsunami relief. There was about a 50km section of road around Fukushima that had been ripped apart in 30 or 40 places with quick spot paving done, which were minor speed bumps. The fast repair of these roads was short of a miracle. Gasoline was supplied and available on the highway with only moderate lines and in the tsunami area albeit with longer lines. The police and self-defense forces were everywhere and blocking people without proper business from entering. Without any documentation the police gave us a permit and let us enter after we said we were bringing supplies. There was no bureaucratic interference at all. There was no highway charge for the Tokyo to Sanriku trip when we exited the highway. On the way back we showed our permit from the police and again there was no highway charge. This was a very pleasant surprise as we had spent considerably more on the food than the money we collected. The roads were open, and even the neighborhood grids in the tsunami area had been cleared. The shelters had food, water and blankets, and people were being taken care of. It was very clear that a lot of people had been working very hard. Everything went as it should have. All of this was no small accomplishment for the government to manage, and it should receive some credit.

Please note that these are personal observations from the area we visited and the Onagawa shelter complex. The actual situation in different areas may vary.

There were four or five people who contributed extra money and a lot of supplies, which helped make the delivery possible. It really was a group effort with a lot of people coming together. The needs up north are massive, and our delivery on Sunday was only a drop in the bucket. But there tens of millions of people in Japan who are doing things and hundreds of millions, including overseas assistance. With everyone doing a little it will surely add up to make a big difference and help the people in Tohoku recover.

I know there are so many people out there who want to do something to help. I hope these personal first hand observations will help people in better directing their donations and assistance.

ENDS