J Times on new Justice Minister Hatoyama Kunio

mytest

Hi Blog. Just ran across this in the Japan Times. Decent profile by Jun Hongo on new Justice Minister Hatoyama Kunio.

I enclose the entire article, but boldface the bits pertinent to Debito.org. Comment follows article.

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The Japan Times: Tuesday, Sept. 4, 2007
CABINET INTERVIEW
NEW JUSTICE MINISTER
Hatoyama a hawk on death penalty, illegal immigrants

By JUN HONGO, Staff writer
Courtesy http://search.japantimes.co.jp/cgi-bin/nn20070904a5.html

When he appointed Kunio Hatoyama as justice minister Aug. 27, Prime Minister Shinzo Abe requested that the veteran lawmaker help Japan regain its recognition as one of the world’s safest countries.

Facing reporters later that day, Hatoyama was quick to display his determination to heed Abe’s call, quickly supporting capital punishment and pointing to the threat of crimes committed by foreigners.

“The death penalty embodies preventive functions against crimes. I disagree with abolishing the system,” the 58-year-old stated in his first news conference at the Justice Ministry. “Cutting the number of illegal immigrants in half is also a goal for this administration. We must tighten up immigration management to achieve that,” he said, referring to the growing perception that more crimes are being committed by foreign nationals.

Hatoyama, a conservative hawk who makes frequent visits to Yasukuni Shrine, hails from a prominent political family. His grandfather, Ichiro, was a prime minister, and his father, Iichiro, a foreign minister. Hatoyama’s older brother, Yukio, is secretary general of the Democratic Party of Japan.

The Tokyo native began his political career as a secretary to his father and the late Prime Minister Kakuei Tanaka before winning a seat in the 1976 Lower House election.

Hatoyama later went through a period of turbulence, leaving the Liberal Democratic Party in 1993 and helping form the DPJ in 1996, only to resign as a lawmaker three years later and run for Tokyo governor in 1999. When that failed, he ran on the LDP ticket and won a Lower House seat in 2000.

Although Hatoyama has served as both education and labor minister, the tasks he faces at the Justice Ministry require trickier decision-making, especially authorizing hangings. But he pledged to make advancements during his stint in office.

In an interview Friday, he said the death-row population, reduced to 103 after Hatoyama’s predecessor, Jinen Nagase, sent three to the gallows last month, is still “a large number.”

“One must be extra careful in approving death penalties because it is about ending human life,” Hatoyama said, but added that failure to authorize capital punishment runs against the nature of the legal system.

“Executions should be carried out aptly” under the Constitution, he said.

Regarding long-term policies for accepting overseas workers, Hatoyama said the government could add more job categories for which foreign nationals with skills and expertise can apply.

But he disagreed with some of Nagase’s proposals to open the market and accept manual laborers and unskilled workers.

“Considering Japan’s culture, I must question whether that is a good idea,” Hatoyama said. “This may not be the right thing to say, but that could provoke an increase in crimes by foreign nationals.”

Asked if he intends to reject Nagase’s proposal, Hatoyama simply stated, “I am the justice minister (now).”

A close friend to LDP Secretary General Taro Aso, Hatoyama promised not only to “become a good justice minister” but also support Abe and his Cabinet in the wake of the LDP-New Komeito ruling bloc’s loss of its majority in the July Upper House election.

“This Cabinet is facing a difficult time, but I believe it’s healthy for Cabinet members to feel pressure and tension,” he said. “I will make use of my connection with my brother if that is required anytime in the future.”

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The Japan Times: Tuesday, Sept. 4, 2007
Other JT Cabinet Member profiles (August 2007 – )
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COMMENT: I don’t think the JT article has it quite right regarding former Justice Minister’s stance on guest workers. It’s not a complete “opening up of the market”–Nagase supported a program in which people would be sent back within three years, regardless of any experience they gained under Japan’s two-decade old “trainee etc” program. It’s not an open-door policy; it’s a revolving-door policy.

I agree with Hatoyama that we need to create a brain drain into Japan with encouragement of skilled labor. But he’s barking up the wrong tree (as is the JT article’s claim of a “growing perception” of rising foreign crime, which is unsubstantiated and debatable given last season’s quietly-announced drop in NJ crime) when it comes to claiming that bringing in foreigners will result in more illegals and proportionally more crime. The historical record suggests the opposite.

The onus must also be placed upon the employer to make sure they are passing skills and employing NJ laborers as they promised to. Up to now, the “researcher” and “trainee” visas have had widespread examples of just employing people (even in violation of even Japanese labor laws) to (famously) pound sheet metal and clean pig sties at ridiculously low wages. In other words, an “unskilled guest worker” program is already in place without calling it as such. Nagase just wanted to call it as such, and cap the contracts.

Sorry, neither plan will work properly and to Japan’s long-term benefit (demographically and fiscally) until you give people a stake in living here. And that is called immigration.

Arudou Debito in Sapporo

GOJ Cabinet’s odd survey on human rights 2007

mytest

Hi Blog. Been a bit late getting to this, but thanks to Ken Y-N at the Seron Blog for getting the word out. Debito.org will select and amplify some points:

BACKGROUND: On August 25, 2007, the GOJ released its latest findings on a human-rights survey it conducts every four years. Entitled the “Jinken Yougo ni Kansuru Yoron Chousa” (Public Survey Regarding the Defense of Human Rights), it is put out by a Cabinet office called the Naikakufu Daijin Kanbou Seifu Koukoku Shitsu. Survey available online in its entirety in Japanese at http://www8.cao.go.jp/survey/h19/h19-jinken/.

Ken Y-N has already translated the whole thing into English with some interpretations at:
http://whatjapanthinks.com/2007/08/27/human-rights-in-japan-part-1-of-3/

As far as Debito.org goes, the survey had some good news:

As opposed to the survey’s results in 1999 and 2003 (which showed a steady decline in the number of people who thought that NJ deserved the same human rights as Japanese), the number rose this time by 5.3 points to 59.3% in favor.

Of course this begs the question of why the question is being asked at all (as if human rights for fellow humans with extranationality are a matter of popularity polls, something even the UN criticized Japan for nearly a decade ago (CCPR/C/79/Add.102 Item C(7)). But never mind. Back to the good news:

Full report on previous Cabinet Surveys on Debito.org at https://www.debito.org/jinkenreport0403.html, particularly:
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“Overall, 54% said that foreigners should have the same protection of human rights as Japanese (nihon kokuseki wo motanai hito demo, nihonjin to onaji you ni jinken ha mamorubeki da). This is a steady decline from 68.3% 10 years ago, and 65.5% 5 years ago.

Reasons why can only be speculated upon, but contemporary newspaper articles quoted the Justice Ministry as saying that maybe the sudden rise in crime by foreigners may have affected the outcome of the poll.”
http://mdn.mainichi.co.jp/news/20030412p2a00m0dm016000c.html [dead link, sorry]
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This time around, Kyodo interpreted some results thusly:
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“A record 42% of people in Japan feel that human rights abuses have increased in the country, the Cabinet Office said in a survey report Saturday. In response to the 5.8 percentage point increase from the previous survey in 2003, the Justice Ministry’s Human Rights Bureau said, “It was likely affected by the spread of the Internet.”
http://www.japantoday.com/jp/news/416167
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So this time it’s the spread of a network for anonymizing libel and ijime, as opposed to NJ being let in and being portrayed erroneously as criminals by our government, which is thought to have affected the numbers. But never mind again. As a victim of Internet libel myself (who won his unrequited case against BBS 2-Channel in 2006, see https://www.debito.org/2channelsojou.html), I can see the need for voices to be raised against these cowardly anonymous bullies who spoil the Internet for the rest of us.

But here are some further comments about the survey:

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The goal of the survey, as expressed by the GOJ itself, (http://www8.cao.go.jp/survey/h19/h19-jinken/1.html), is “to survey the awareness of citizens (kokumin) regarding human rights protections, in order to apply them towards shaping future policy” (jinken yougo ni kansuru kokumin no ishiki o chousa shi, kongou no shisaku no sankou to suru).

Well, aren’t we thus already biasing the sample? If we only surveying “kokumin”, we aren’t surveying NJ, even though they too are taxpaying residents, and should have a say in public policies–especially those which will affect them profoundly as anti-discrimination measures.

Maybe that’s why so few people thought they had experienced “racial discrimination” in the survey. See Q3 SQ: 13.9% facing “discriminatory treatment (race, creed, gender etc.)”, behind “rumors and people speaking ill of me”, “invasion of privacy”, “defamation”, “public nuisances (noise, foul odors)”; nearly half of the 16% who responded that they had faced a violation of their human rights noted “rumors”.

Bet if the GOJ interviewed more people without citizenship or Asian features, who sometimes face apartment refusals or JAPANESE ONLY signs in storefronts, they might get quite different figures.

(I also bet most of the 14% noting “discriminatory treatment” were women facing discrimination by gender, too; not in any way to lessen the severity of that type of discrimination, but it’s hardly something you can lump all together as one category like that and get meaningful results. Good thing multiple answers were permitted.)

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The survey itself asks some really odd questions too, come to think of it.

For example, we have “human rights” categorized in odd ways in Q3 SQ. In addition to the five examples of “human rights violations” mentioned above, we have “violence, duress, extortion”, “unjust police treatment”, “unfair treatment at work”, “falling out with the local community”, “sexual harassment”, “stalking”, “false accusations of crimes”, “unjust treatment at public welfare facilities”, “denial of domestic utilities at home” (such as water, gas), “other”, and “nantonaku” (nothing I can put my finger on, but it’s there).

Uh, even with these questions leading the witness, a number of these are not necessarily mutually exclusive categories (gender discrimination and sexual harassment, or rumors and defamation, for example), some are too vague (nantonaku, of course), and some are not exactly pin-downable as examples of “human rights” in themselves (falling out with the neighbors? stoppage of domestic utilities? public-welfare rudeness?)

If we’re going to break things down this much, then where is “bullying” (ijime)? Well, that’s the domain of kids, I guess, and this survey was only surveying people aged twenty and up. But I’m not sure where the shadow falls above.

Bigger issue is that many of these items are what I would call the “crybaby” variety. Items like “people speaking ill of me” and “rumors” are scientifically difficult to quantify (even could be argued as inevitable in human interaction, seen as “perceived slights by the paranoid”), and invite people (myself included) to tell them to develop a thicker skin.

And “public nuisances”? You might have people complaining that a stinky public toilet or a juicy fart in an elevator is a violation of human rights!

No wonder many people have trouble taking human-rights activists seriously, when the definitions is so ill-defined even in the official questions! In any case, many of these items would not fall under protection in the UN Convention on Racial Discrimination anyway, as the CERD does not cover interactions between individuals.

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Some more comments:

Q5 asks “Within Japan, which of the following human rights issues are you concerned about?” (multiple answers OK). Discrimination against “foreigners” comes in 14th at 12.5%, behind “the disabled”, “the elderly”, “children”, “Internet abuse victims”, “DPRK kidnap victims”, “women”, “crime victims”, “HIV sufferers”, “Leprosy victims”, “homeless”, “Burakumin”, “ex-convicts”, and “human trafficking”–almost all worthy causes in themselves, of course. But since multiple answers are also possible, let’s see if we can raise the awareness of discrimination towards NJ better in time for the next survey.

The next questions ask for comment about “human rights problems” specifically directed at specific sectors of society: Women (choices of “human rights violations” include porno and scantily-clad women in advertising), children (including being too forceful with their opinions over their children’s school, work, etc), the elderly (including lack of respect for their opinions/actions), the disabled (including being stared at), the Burakumin, HIV patients, crime victims, the homeless, affectional preferences, and the Ainu. Nice of the GOJ to offer (even arguably overdo) several categories with examples of possible discrimination, thank you.

However, when it comes to discrimination against foreigners (Q12 and 13), we don’t get any list of leading questions. Only some doubt as to whether NJ are actually being discriminated against (Q12) and questions on whether NJ have any right to equal rights at all. No question like this is raised towards the other groups. Again, when even a GOJ survey allows for the possibility of human rights being optional based upon nationality, we have a problem. Especially when nowhere in the survey is the possibility raised that people who look foreign might actually be Japanese; discrimination by race is a subset within a larger umbrella, and discrimination by nationality is undeserving of its own special question like the other groups?

Finally, there is the question on how human rights should be promoted in Japan. It’s a decent wish list with most responses receiving a decent slice of multiple options. Again, the entire report is all very well written up by Ken Y-N, so have a look at:

http://whatjapanthinks.com/2007/08/27/human-rights-in-japan-part-1-of-3/

Still surprises me just how clueless even our government professionals are about the portrayal and promotion of human rights in Japan. This survey is most enlightening when viewed from that angle.

Arudou Debito in Sapporo

Tangent: Greg Clark JT column defends Miyazawa’s corruption

mytest

Hi Blog. I sent a letter to the editor to the Japan Times, which after two months is probably not going to be printed. So I might as well put it up here, what the heck.

Last July, Gregory Clark wrote an epitaph-style Japan Times column/ode about his old friend, former Prime Minister Miyazawa Kiichi, who was facing mixed reviews in the J press at the time of his death for not dealing with the Bubble Economy properly. Greg defends his old friend with aplomb. So much so that he excuseth too much, in my opinion–even Kiichi’s corruption. First his column, then my unpublished letter to the editor in response.

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NOT TO BLAME FOR ‘BUBBLE’
Miyazawa knew economics
The Japan Times: Monday, July 16, 2007
By GREGORY CLARK

Courtesy http://search.japantimes.co.jp/cgi-bin/eo20070716gc.html

Obituaries for former Prime Minister Kiichi Miyazawa, who died recently at age 87, agreed that he was a statesman and a genuine internationalist. But some — those from Nikkei, Japan’s leading economic media group, especially — also criticized him as a Keynesian economist responsible for Japan’s economic troubles in recent years. It is time to set the record straight.

Miyazawa was finance minister in the crucial pre-“bubble” years of 1986-88. At the time the yen was appreciating wildly in the wake of the 1985 Plaza Accords (it was to more than double in value against the dollar). Endaka fukyo — recession induced by the high yen — was a favorite media topic. Meanwhile, Washington was pressuring Japan to boost its economy as a way of reducing its trade surplus.

The obvious answer was for Japan to boost domestic demand by expanding government spending — the Keynesian approach. In so doing it would not only reflate its weakened economy; it would also ease the pressure to export and curb the yen’s rise in the process — three birds with one stone. That is what the Keynesian, demand-oriented Miyazawa wanted to do. (As a young bureaucrat in the early 1940s, Miyazawa had studied the works of my father, economist Colin Clark, who had worked with Keynes at Cambridge).

But by this time the anti-Keynesians were beginning to dominate economic policymaking worldwide. Using public funds to boost economies was being criticized. The monetarist approach — the easing of the money supply and low interest rates — was favored. It was this monetarism, not Miyazawa Keynesianism, that triggered the excessive rise in asset prices of the late ’80s now known as the “bubble economy.” To make things worse, Miyazawa’s successors foolishly delayed the monetary tightening needed to kill the bubble. Japan has been living with the consequences ever since.

In 1991 Miyazawa was made prime minister. He realized better than most the snowballing, demand-crippling effects of bubble collapse. But his proposal of an emergency injection of several trillion yen to save the banking system was killed by the free market, anti-interventionist fundamentalists, especially Keidanren, Japan’s most influential business federation. When, a decade later, the government had to inject many trillions of yen to save the banks, Keidanren did not object.

Despite this setback, Miyazawa’s prime ministership saw a return to the fiscal demand-stimulating policies needed to revive the economy. By the mid-’90s the economy was well on the way to recovery. But the advent of the Hashimoto administration in 1996 saw the anti-Keynesians back in the saddle. The grinding recession that followed, then continued well into the years of the even more anti-Keynesian regime of former Prime Minister Junichiro Koizumi, was the direct result. The only uptick in the economy came during the brief Obuchi and Mori administrations in between, while Miyazawa was again finance minister.

Miyazawa’s misfortune was to be caught up in two mistaken attacks on the Keynesian demand-oriented principles that had guided Japan’s successful economic management for decades. One criticism said that they had caused the stop-start stagflation of the postwar Anglo-Saxon economies. That was true to a point, but that particular abuse of the Keynesian approach was due to the special problems with those economies — excessive consumption and inadequate supply. Japan’s problems were the exact opposite — excessive supply and inadequate demand. For much of the time, anything that boosted demand, including greater government spending, was welcome.

The second attack focused on the increase in Japan’s official debt as a result of past government spending. But that in turn was due to Japan’s excessively high level of personal savings forcing high levels of government spending to fill the demand gap. It could have and should have been solved by a more efficient tax system. Besides, sensible public spending to reflate a broken economy can actually reduce official debt by rapidly increasing tax revenues. Anti-Keynesian policies to reduce official debt by cutting government spending can actually increase the debt, as we saw only too painfully during the Koizumi years.

The 1997 Asian financial crisis saw Miyazawa’s economic wisdom frustrated once again. He proposed an Asian monetary fund backed by Japan to rescue the weaker Asian economies. The United States, ever sensitive to any threat to its Asian hegemony, insisted that the International Monetary Fund with its economic fundamentalist approach should do the job, which it did, to the benefit of many U.S. investors and few Asian economies.

Miyazawa’s achievements went beyond the economy. Like many of his generation, he was a firm admirer of postwar America for helping Japan recover and discover democracy. But he also wanted closer links with Asia, including China. While approving the use of Japanese troops abroad for peacekeeping purposes, he remained a firm pacifist to the end. He was a man of balance for his times.

He was criticized for involvement in the so-called Recruit scandal. In fact, that nonscandal was simply an attempt by the Recruit company to make sure its issues of new shares went into the hands of responsible people it liked rather than the usual collection of gangsters, speculators and corrupt securities companies that dominated new share issues at the time. The fact that many of its share recipients made profits was largely because almost-new shares issues were profitable in Japan’s go-go stock markets at the time.(emphasis added)

Miyazawa was pushed out of the prime ministership in 1993 by an ever power-hungry Ichiro Ozawa wielding the so-called electoral reform issue. In fact, by opposing the single-seat constituency “reform,” Miyazawa was trying to preserve the valuable role of independents and the smaller political parties. The result of those so-called reforms is what we see today — the domination of Japanese politics by two Tweedledee-Tweedledum political parties and a semi-religious party able to mobilize supporters easily. Japan’s uncritical love affair with the word “reform” has continued ever since.

Gregory Clark is vice president of Akita International University. A translation of this article is at http://www.gregoryclark.net. E-mail: clarkinjapan@gmail.com.

The Japan Times: Monday, July 16, 2007

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MY RESPONSE

LETTER TO THE EDITOR

Greg Clark shows his true colors in his most recent editorial (“Miyazawa knew economics”, July 16). Not as some kind of economist, but as an embedded elite.

Whatever intellectual sleight of hand he wishes to employ (to pedestal one of the few prime ministers ever booted out by a “no confidence” vote) still doesn’t excuse the fact that Greg is using puffery to defend a friend. Even going so far as to justify Miyazawa’s corruption in the Recruit Scandal.

Thankfully, Greg acknowledges that Miyazawa and he were buddies, thanks to the latter’s connections to father Sir Colin Clark. But unmentioned is that Greg’s coming over here immediately landed him in Japan’s elite society. All foreigners should be so lucky.

For all Greg’s bully pulpiting about the excesses of Japan’s power brokers, for him to try to explain away this much about a man like Miyazawa proves the axiom that power corrupts.

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Arudou Debito in Sapporo
ENDS

Transcript of disrupted MOFA Aug 31 07 hearing blogged

mytest

Hello Blogosphere. Arudou Debito here.

TRANSCRIPT OF MOFA MEETING PROCEEDINGS BLOGGED
AND FURTHER EVIDENCE THE GOJ HAS NO INTEREST IN LIMITING HATE SPEECH
BY ALLOWING A CONVICTED AGENT PROVOCATEUR INTO THE MEETING

Regarding a post I put out recently
https://www.debito.org/?p=544
on the August 31 Ministry of Foreign Affairs meeting, regarding Japan’s next report to the United Nations Convention on the Elimination of Racial Discrimination (https://www.debito.org/cerd.html), I have some new information.

I have received a transcript of the meeting, which was disrupted by Right-Wingers, and blogged it in Japanese at
https://www.debito.org/?p=545

I received a call moments ago from someone else who attended the meeting, about one of the participants:

A Mr Nishimura Shuuhei, who sat in the back of the room that day, was taken to court for his behavior of disrupting public meetings on the Comfort Women issue. According to my source, he was sentenced for “illegal obstruction of official duties” (iryou gyoumu bougai–a charge I don’t completely understand myself) on October 4, 2001, at the Yokohama District Court, to 1 year and 6 months of prison, suspended for five years.

Despite his criminal record of disrupting public meetings and acting as agent provocateur, the MOFA allowed Nishimura to attend this meeting, and help disrupt it.

This issue was taken before the Bureau of Human Rights this morning, but my source indicates that they do not intend to do much about it (agreed, see my experience with the BOHR at https://www.debito.org/policeapology.html –they even have a history of advising the Otaru City Government in the Otaru Onsens Case that “there will be no penalty” if they neglect to pass any laws against racial discrimination: https://www.debito.org/jinkenyougobu112999.jpg)

The GOJ shows little willpower indeed to deal with issues of hate speech, or even show resolve to keep their meetings calm and debate reasoned.

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On a different note, please read the Japan Times Community Page tomorrow (Wednesday in the provinces). Another article coming out, this time as co-author. Arudou Debito in Sapporo

ENDS

外務省:人種差別撤廃条約政府報告に関する意見交換会07年8月31日:議会記録(抜粋)

mytest

Sorry, I had to remove the MOFA Aug 31 Meeting transcript for the time being at the author’s request. I’m afraid there won’t be an authorized version later either, because the writer meant for it to be a reference document for my use only. If you want to know more, contact me at debito@debito.org. Arudou Debito in Sapporo

REPORT: Right-wingers disrupt Aug 31, 2007 MOFA meeting on CERD

mytest

REPORT
RUMBLE AT THE MINISTRY OF FOREIGN AFFAIRS
A hearing on human rights in Japan is disrupted by right-wingers
An eyewitness report from the front lines

By Arudou Debito, Sapporo, Japan (debito@debito.org, www.debito.org)
September 1, 2007, freely forwardable

SUMMARY: On August 31, 2007, a public meeting (iken koukan kai, reference site at http://www.mofa.go.jp/mofaj/press/event/jinshu.html
[link is now dead, download webarchive file of site at https://www.debito.org/MOFAaug31meetinginfosite.webarchive]) on the UN Convention on the Elimination of Racial Discrimination, held at the Ministry of Foreign Affairs (MOFA) in Tokyo, was disrupted and sabotaged by right-wing troublemakers. Shouting epithets and arguments designed to wind up the human-rights NGOs, the unidentified right-wingers managed to bring the meeting to a standstill, while the six ministries attending the meeting showed a complete inability to keep the meeting under control. Proceedings ended a half hour early without hearing the opinions of all the attendees, and my opinion is mixed on whether or not the impasse could have been avoided by not taking the bait. In any case, it is a sign to this author that the ultraconservative elements within Japan are not only taking notice of the gain in traction for human rights in Japan, they are doing their best to throw sand in the deliberation process. We will have to develop a thicker skin towards these elements in future, as this is probably only the beginning.

This post is structured thusly:

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1) THE WARMUP
2) THE MEETING
3) THE DISRUPTION
4) THE AFTERMATH
5) CONCLUSIONS

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1) THE WARMUP

The CERD is the UN Convention against all forms of Racial Discrimination–which Japan signed in 1995 and still defies by not passing any laws against racial discrimination. The GOJ has to fill out a report every two years on what they are doing vis-a-vis racial discrimination, and is dreadfully late (filing its first report due 1998 in 2001, and none sense then). This hearing was for the government to get feedback from the NGOs regarding the GOJ’s stance taken so far (such as it is) before filing the next report (whenever that may be). That meeting took place at 3PM at the Ministry of Foreign Affairs in Kasumigaseki, Tokyo.

Fifteen human-rights NGOs and legal groups (such as the JCLU, http://www.jclu.org), plus four individuals (your correspondent included), attended a pre-MOFA coordinating meeting, chaired by the International Movement Against All Forms of Discrimination and Racism (IMADR http://www.imadr.org), to stress the following (excerpt):

1) The NGO-GOJ interface left a lot to be desired organizationally. The previous meetings (February and July 2006) with the MOFA (first labeled a “hearing” (hiaringu), later adjusted to an “exchange of views” (iken koukan kai) at our request) essentially heard our views, but offered no feedback from the relevant ministries that attended the meeting. Essentially junior bureaucrats would sit, listen, and act like the Sphinx as whether our opinions or questions mattered. We had never heard any feedback from them regarding questions and issues we raised in previous meetings (in fact, the information we would be offering feedback on that day had only arrived from the MOFA yesterday). We would lobby for that to be remedied.

2) The MOFA’s convening this meeting in August (with the announcement merely posted on the MOFA website at the beginning of the month, without notification of previous attendees) was a surefire way to decrease attendance due to the summer and short notice: We had 30 NGOs attending last time, this time half that (see my report on the July 28, 2006 meeting and proceedings at https://www.debito.org/?p=543). It seemed more a way for the bureaucrats to say, “Hey, we listened to the public, now we can do as we see fit”. We would lobby for more meetings where we had something to respond to–a rolling series of written and oral Q&A over months, if necessary. After all, what Japan puts out before the world could be potentially embarrassing if half-baked. We would offer as much feedback as possible so their reports would better reflect the world beyond Kasumigaseki.

3) We also anticipated there would be some resistance from attendees, since this was an open public meeting, meaning people who did not wish either us or this proceeding well might attend just to use time and disrupt things. We would lobby for people to keep to their time allotments and not offer sentiments that were entirely antithetical to the issue at hand–alleviating and eliminating discrimination.

However, we never anticipated just how antithetical things would get.

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2) THE MEETING

started on time at 3PM on the tenth floor of the MOFA building. The MOFA chaired the meeting because racial discrimination falls under their directive (discrimination against women, for example, falls under other another ministry–Health, Labor and Welfare–if it is a matter of Domestic Violence or labor. This makes it difficult to combine all forms of potential discrimination under a single movement in Japan, and why we believe it necessary to create a special government apparatus to deal with it (a move, as you shall see below, is seen as contentious).

Attending were one member of the National Personnel Agency (Jinjin), four from Education, three from Foreign Affairs, five from Justice, one from HL&W, and two from the National Police Agency. No nametags or attendance sheets were made public to us (although the bureaucrats knew who we all were), and all bureaucrats were, same as last July, junior members in their twenties and thirties who could speak authoritatively on nothing. Chairing the meeting was a forty-something Mr Kimura, the head of the MOFA’s Human Rights Section (Gaimushou Sougou Gaikou Seisakukyoku Jinken Jindou Ka, Jinshu Sabetsu Teppai Jouyaku Iken Koukankai Tantou), who clearly looked nervous about how things were going to proceed. Forty people were in attendance (down from 60 last time), and a great number were refraining from making eye contact with each other.

Trouble started immediately. The first person to raise his hand was an older man in his sixties who talked about discrimination of a different kind–how the Zainichis were being granted special privileges just because they had been born here and lived in Japan for several generations. They should abolish their “Special Permanent Residency” (tokubetsu eijuuken) status. Make them all regular Permanent Residents like any other, since they originally came here to to take advantage of Japan’s economics only. Snickers from some, loud applause from others, and Kimura cautioned the meeting to refrain from applause.

Our turn next. Our next few points were about the format of this meeting, as mentioned above. We also asked for the chair to please put a lid on discriminatory statements.

When it was my turn (I was sixth), I raised the point that the most recent survey conducted by the Diet Cabinet vis-a-vis awareness of domestic discrimination (details released in August, excellent translation and report at http://whatjapanthinks.com/2007/08/27/human-rights-in-japan-part-1-of-3/) only surveyed citizens (kokumin), not residents (juumin). So no wonder there were fewer responses regarding racial discrimination. Similar with the National Census (kokusei chousa), which does not survey by ethnicity (minzokusei). I for one have no way to indicate that I am a Japanese citizen with American roots. Same with the probably hundreds of thousands of Japanese children of international marriages in Japan. We just don’t know. Without adequate data on just how international Japan actually is, the GOJ will of course be at a loss on to make appropriate policy regarding discrimination and protection of human rights.

In one of the few answers we got from the bureaucrats today, Kimura noted that although the governing Ministry of Internal Affairs (Soumushou) was absent, but in absentia: the Census not measuring for ethnicity is a matter of privacy–we wouldn’t want to make people uncomfortable with overintrusive questions. This is the standard but bogus excuse–plenty of questions already made people uncomfortable last Census (2005, see https://www.debito.org/meijigakuin071705.html), and there is also the option not to answer at all; the GOJ just doesn’t want any information which would definitively confound the notion that Japan is a monoethnic society).

But for the rest of the day, we would get jeers from the bully boys in the back whenever we spoke, and have to tolerate epithets whenever they spoke:

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

3) THE DISRUPTION

It turns out about 10 of the 40 people there either knew each other, or later banded together after the meeting for congratulatory back-slaps for a meeting well disrupted. Some of the points their camp raised were:

1) Discrimination, if it really does occur, is between individuals, and thus does not fall under the CERD. Likewise DV (an issue raised by a Filipina attendee from our group, who also talked about unequal care given culture in international marriage; she was heckled for not speaking Japanese) is something between a married couple, and rights for children should not be extended. We told Chairman Kimura to bring the focus back onto the CERD, but he did not clear the hall of people who would even deny the primacy of the UN in a hearing about the UN.

2) Koreans work against Japan and have odd ideologies–just imagine what trouble they would make if you gave them a post in the proposed human-rights Ombudsman proposed under the Jinken Yougo Houan? They compared any attempt to control or punishment of discrimination to Stalinism and thought police. (More of this genre of arguments available in Japanese and English at https://www.debito.org/abunaijinkenyougohouan.html). We asked Kimura to stop this discriminatory language towards Koreans, but even with some warnings he allowed the speech to continue.

3) The United Nations is not a body we should be listening to–we Japanese with our own unique culture and family structure–why should we be letting treaties and other countries with their unfitting standards be foisted upon our country, with its racial purity? Discrimination, if you can call it that, is justified when these foreigners shouldn’t be in our country anyway.

When one of the attendees then referred to a daughter of the Comfort Women (who successfully sued someone who attacked her at a speech for damages and a restraining order–I’m not all that familiar with the case) as a “bastard child” (shiseiji), we demanded the chairing representative from the Ministry of Foreign Affairs do something about this clear tangent, moreover violation of individual dignity and expressed epithet. It was his ministry’s mandate. He remained silent. Our side (particularly from the Zainichis in the room) then said that unless there was a retraction and an apology, this meeting should not continue. Their side said they would offer no such thing, and continued in this vein.

It almost came to blows. Even then, no security was called, and the people who would not be silent were not cleared from the room. Kimura then declared the meeting unable to continue and called it to a close at 4:30 PM.

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

4) THE AFTERMATH

I was about to leave when one of the older men (almost all the people in this camp were older men, probably retired with time and money on their hands; we call them “grassroots right-wingers” (kusa no ne uyoku) actually came up to me with a smile and a friendly tone of voice. He began reading off some points he had written down and wanted me to hear (he clearly needed no feedback–so I listened):

White people in Japan have it good here because of Japan’s inferiority complex towards them. So discrimination cannot happen towards them. It only happens towards the lesser peoples of the world, and they’re only here taking advantage of the Japan we Japanese built up. They shouldn’t be here asking for anything. In any case, I as a superior Caucasian should have nothing to complain about. Those “Japanese Only” signs I referred to earlier during my spiel were merely efforts made by Japanese who have a complex towards foreigners and their foreign languages This was merely a shorthand for smoother business for them. Etc. etc.

I asked if he considered me a Japanese. He said yes, my Japanese was excellent, and I have citizenship. Good, thank you. So I mentioned the Otaru Onsens Case, and explained that despite my language level and citizenship, I had been refused entry just because I am White. He had never heard of it. I recommended my book. He repeated that he had never heard of it.

That’s the shortcoming of these types of people: Anything that has never entered their existence or view simply doesn’t exist. I let it go since there was no way to reach him. He shook my hand and gave me his card. Watanabe Tadashi, Vice President of the “Japan Family Value Society” (the J translation on the obverse is markedly different: He’s a member of the Hino City Assembly near Tokyo, Kikaku Soumu Iinchou, from the LDP. Opposes local ordinances guaranteeing the rights of the child, supports textbooks with the “proper” historical bent, and is vice-chair of the “kazoku no kizuna o mamoru kai), website http://www.watanabetadashi.net). Nice enough guy, but he should get out more.

I was the last one in the room, except for Chair Kimura and one of his staffers. I mentioned that proper procedure would have been to clear the room of those who wouldn’t obey the rules for a calm, peaceful gathering. He indicated that he thought it unthinkable to call security, soukaiya disruptions or not. I let it go again. No wonder people can’t deal effectively with bullies in this society.

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

5) CONCLUSIONS

Our postmortem was an exercise in making the best of things. The person who demanded the apology said she was sorry for disrupting the meeting, but we would have none of it. There was no need to continue, the room held, because even the ministries were not doing their job of stopping epithets and hate speech–even when attendees deny the very need to follow UN treaty and the very need to hold this meeting. Freedom of speech does not mean freedom to express hatred and disrupt calm and reasoned debate. If the conveners of the meeting cannot keep order, it’s no longer a viable meeting.

I am of two minds about what happened. The opinions above notwithstanding, I have the feeling we were played like a fiddle. Those people knew what would wind us up, and kept on poking us until we poked back. Yes, a proper chairman would have cleared the meeting of those people. But barring that, if I was everyone in our camp, I would have ignored the heckling, made my points calmly, stomached the epithets (only calling for time limits on speeches to be obeyed), and shown via the force of argument that our side was the stronger.

Then again, it’s entirely possible that this is what the MOFA wanted. These meetings are a nuisance for them. Now they can say there’s no need to have them again since they will only degenerate into shouting matches and potential fistfights. In the bad old days, in order for there to have been a hearing of this sort (and this was before the GOJ even bothered to listen to NGOs), there would have to be a Dietmember present. No Dietmember, no meeting. Now after liberalization, this event can now be used as an excuse for the bureaucrats to argue for a return to those ways. Whether that will happen is unclear, but in any case, the bully boys managed to sluice things off.

What’s next? Dunno. But it’s clear that we are getting closer to winning the debate–enough so that the Rightists feel threatened and need to appear and shout us down. If we don’t develop a thicker skin, and the coordinators of the meeting don’t take a more aggressive stand at keeping meetings calm and reasonable, there’s only going to be more of this in future.

Arudou Debito
Tokyo, Japan
September 1, 2007
MOFA JULY 31, 2007 CERD MEETING REPORT ENDS

Archives: Report Aug 1, 2006 on Diene, MOFA mtg, and Kouno Taro

mytest

Hi Blog. Somehow this never got archived last year, but it’s an important report. And since I’ve got a follow-up article to blog here after this, let me add this to the blog out of turn and refer to it in my current report. Arudou Debito in Tokyo.

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

From: Arudou Debito
Subject: [debito.org] Taro Kono and MOFA Tokyo mtgs update, Aug 1, 2006

Hello All. Arudou Debito here emailing you from near Todai in Tokyo. Two more mailings to send you before summer break. The first is an update on some things that happened during my current Tokyo trip. As follows:

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1) DIETMEMBER KOUNO TARO PRESS CONFERENCE JULY 31
2) FOREIGN MINISTRY FORUM ON UN CERD AND DIENE REPORT JULY 28

////////////////////////////////////////////
Preliminary report dated August 1, 2006. Freely forwardable.

DIETMEMBER KOUNO TARO PRESS CONFERENCE
AT THE FOREIGN CORRESPONDENTS’ CLUB, YURAKUCHO, TOKYO

Monday, July 31, 2006, 12PM-1:30PM

Attending as a guest of a FCCJ member, I listened to Lower House Dietmember, Senior Vice Justice Minister, and Prime Ministerial hopeful KOUNO Tarou give his thoughts at a luncheon on the future of Japan.

Kouno, 43, comes from a family of politicians. His father, current Dietmember Kouno Youhei, is a former cabinetmember and long-respected political powerhouse himself. A graduate of Georgetown University in the US and former employee of Fuji Xerox, Tarou is bilingual in English and gave his speech in that language. Now in his fourth term, Tarou was the first to announce his candidacy for the Prime Minister’s job back in May because, he said in the press conference, he was disturbed by the next-likely Prime Minister, Abe Shinzou, stating that the latter had stated the current pension system was financially sound despite the clear demographics of a shrinking Japanese population. His website can be found at http://www.taro.org.

His ideas have made some media waves (particularly his proposed 3% cap on the foreign population), and I have critiqued his proposed immigration policy plan in one of my Japan Times columns (July 11, 2006, see https://www.debito.org/japantimes071106.html).

He opened with his platform on energy, education, taxation, and pension policies, which I will skip for the purposes of this newsletter. When he opened the floor for questions, his answers were fortunately very indicative.

When asked about where he had gotten the “3% foreign population cap” (when if the population is projected to drop to 100 million by 2050, this means that the foreign population can only increase by another million–from the current population of 2 million–by then). He said that the 3% “is a cap but is not a cap”, stressing the need for the population to increase gradually. “When it reaches 3%, then we can talk about it again. The foreign population will increase, just not to the levels of 5% or 7% like we see in Europe in one step. It’s too early for Japan.”

He was especially critical of the “lying” he sees behind Japan’s immigration policy. “The front door is closed, yet the back door is open–for Nikkei workers and foreign trainees.” He called the early-1990’s policy to import Nikkei workers, ostensibly because they are “Japanese” by blood but in reality because they were simply cheap labor, “the biggest mistake”.

He favors a work environment where women and senior citizens can work to a more elderly age, but since even that will not make up the shortfall, there must be a national policy regarding immigration. The local governments should not have to suffer financially for hosting an unassimilated community of minorities which have grown big enough to become a self-sufficient language subculture. Rather, the national government should take it upon itself to take steps to assimilate these people in ways he outlined in my Japan Times article linked above.

However, if the national government is to try harder to assimilate immigrants, then the potential immigrant has to do the same. He stressed that there must be quantifiable language ability before arrival and improvement afterwards. “Give them three to five years to learn the language”, with tutelage and evaluation in ways not elaborated upon. As the situation for foreign residents stands right now, he called it “very sad”, as Nikkeis came over and found things different than they expected.

When asked whether or not he would favor the establishment of a racial discrimination law (no, it wasn’t me asking–I’m not a working journalist and thus not allowed to raise any questions), Kouno Tarou said that he was not: “Even if there is a law, the attitudes of society will not change.” He cited an example which is not even covered by international treaty (as it is an interaction between individuals): “If a foreigner asks for a date and is refused, is that racial discrimination?” He concluded with the importance of culture and nature before codifying change.

There were other points raised and questions asked, but for our readership these are the bullet points. I went up to him after the luncheon ended, gave him a copy of my book JAPANESE ONLY in Japanese (https://www.debito.org/japaneseonly.html), and said this might help him understand why we need a racial discrimination law.

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

2) FOREIGN MINISTRY FORUM ON UN CERD AND DIENE REPORT JULY 28

Last Friday, I attended an 2-hour “iken koukan kai” (the second in what will hopefully be a series) at the Ministry of Foreign Affairs building in Kasumigaseki, Tokyo. Around eighty people and dozens of human-rights groups (we don’t know precisely who-the MOFA wouldn’t release the guest list) attended, to discuss how the UN Convention on the Elimination of All Forms of Racial Discrimination (CERD, https://www.debito.org/cerd.html) should be implemented.

More specifically, our meeting would discuss Japan’s follow-up to the UN Reports of 2001 (see https://www.debito.org/japanvsun.html), now many years overdue, and to the Diene Reports of 2005 and 2006 where racism in Japan was reported as “deep and profound” and “practiced undisturbed” (see https://www.debito.org/rapporteur.html). Several ministries, namely the Ministry of Justice, the National Police Agency, the Ministry of Health, Labour, and Welfare, the Transportation Ministry [due to public works interfering with Ainu lands], and the Education Ministry, were in attendance. The Ministry of Foreign Affairs hosted.

We had a pre-meeting at 1PM with our network of 30 NGOs and 5 concerned individuals (including volunteers, lawyers, businesspeople, students, and group representatives). Convocating and organizing was the group International Movement Against All Forms of Discrimination and Racism (IMADR, see http://www.imadr.org ), fronted by the very capable and young Mr Morihara (a person I see as a probable historical figure), who was largely behind UN Special Rapporteur Doudou Diene’s visits to Japan these past two years. Although the contents of this meeting are not something I can release to the public at this time, be it known that there was some trepidation expressed at the possibility of opponents attending to deliberately throw sand in the negotiations…

At 3PM the meeting started. The bureaucrats attending were almost all juniors in their twenties and thirties, except the chair of the meeting who was of kachou class (as usual, so nobody could speak on behalf of their ministries). After some preliminary remarks on the good works each ministry is doing in the name of human rights, we went person by person, row by row, with attendees making their stump speeches of being done wrong and how the government is in fact not helping out. We were told to limit our comments to one minute, though nobody did (it was impossible anyway), then the bureaucrats would respond after each row was finished. Six rows and three and a half hours later, we were done. Highlights:

I made a speech on how each ministry has ignored or overlooked human rights: Justice Ministry not even mentioning the possibility of an anti-racial discrimination law, Police targeting foreigners through campaigns and even DNA racial profiling (https://www.debito.org/NPAracialprofiling.html), Education Ministry talking about educating people about foreigners and foreign cultures instead of telling people how foreigners are residents too, and how the judiciary is not protecting us (Steve McGowan, losing plaintiff in the Osaka Eyeglass Exclusion Case, https://www.debito.org/mcgowanhanketsu.html, was in attendance, and sat next to me as I made the speech).

Others talked about problems with housing, health insurance, juuminhyou residency certificates, and the fact that the Diene Reports are were generally going ignored or justified out of existence. (Foreign Minister Aso Tarou spoke of the Diene report, in Gaikou Bouei Iinkai Meeting of May 18, 2006, to say essentially “that Diene’s visit was done as an individual, therefore the report is not binding as a UN report” (kankoku wa kojin no shikaku ni yoru no de, kokuren no kouteki kenkkai de wa naku houteki kousoku ryoku wa nai), and how Japan’s government would simply argue against it (nihon seifu to shite hanron bunsho o teishutsu suru). In the same month, leaders within the Foreign Ministry dismissed historical claims made by the Ainu, Zainichi Koreans, etc. as no longer modern (gendai teki keitai) enough to matter anymore to the discussion.

The right wing did indeed attend, with three old fogies (who mumbled their last names and refused to disclose their affiliations) waffling on about how it was all very well to talk about minority rights, but what of the majority of Japanese being “exploited” (sakushu) and Japan’s mythology (jinwa) no longer being taught in schools? After all, they said, what good is learning about foreigners if Japanese don’t learn about themselves properly? That was quickly shot down by one of our party who said, “Mythology and the CERD are unrelated, so can we move on?” We did.

At the end we did our standard practice of going up to shake hands with the bureaucrats, thank them for coming, and exit for a postmortem at a follow-up meeting. That meeting’s particulars are not something I can make public again, except to say that we established a specific network to deal with this situation. Not entitled “Coexistence with Foreigners” or some other such othering guff. It was a group (official title TBD) to fight against *racial discrimination*–because race, not nationality, is the issue here, and enough people now recognize it as such. This, above all, is the big victory of this trip.

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

Enough for now. More good news to follow in a few days. Thanks for reading.

Arudou Debito
Nezu, Tokyo
debito@debito.org
www.debito.org
August 1, 2006
EMAIL ENDS

TPR on why the passage of HR 121, “Comfort Women” Resolution, is not a bad thing

mytest

Hi Blog. I listened last night to yet another excellent Trans Pacific Radio essay from Garrett DeOrio on HR 121 (the “Comfort Women” Resolution), and why its passage by the US House of Representatives on July 30, 2007, is not a bad thing.

What I didn’t know was all the “nicely, nicely” that went into it, and even then the Japan Lobby in Washington came down on it hard. But in his view this “meddling” just made matters worse for them in terms of PR. Excerpt follows:

======================
The negative view, that the US is meddling in the affairs of a sovereign Japan, is even more porous than the positive view.

For starters, as I mentioned above, the US House, through this Resolution, is not advocating, much less taking any action against Japan. There is nothing in H.R. 121 that suggests that even the House thinks Japan should take it seriously. Constituents of a member of the US House of Representatives, Mike Honda of California, made a complaint and Representative Honda took that complaint to the appropriate Congressional committee, in this case the House Committee on Foreign Affairs, chaired by Representative Tom Lantos, also of California.

The propriety of the Committee’s actions in this case should not be in doubt. Since when have governments or governmental agencies been concerned only with their own actions or incidents that occur on their own soil? Should the House Committee on Foreign Affairs be taken to task for condemning what is now going on in Darfur? Few outside of the Sudanese government would say so.

But when it comes to now peaceful Japan, such actions, even in the form of flaccid nudges, become “meddling.”

There is no meddling. No agent of any part of the US government is trying to change any internal policy in Japan. The closest thing to this would be the resolution that states that Japan “should educate current and future generations about this horrible crime while following the recommendations of the international community with respect to the ‘comfort women’.” This, though, is not telling Japan how to educate its children or plan its school curricula.

Meddling requires at least some hint of action.

The first two times H.R. 121 was set to face a vote in the Foreign Affairs Committee, it was taken off the agenda due to pressure from the six-figure-a-month Japan lobby in Washington. Pressure was put on members of Congress and diplomatic strings were pulled to silence the issue.

Members of the Government of Japan took out a full-page ad in the Washington Post demanding that the Resolution not be passed and Ryozo Kato, Japan’s Ambassador to the United States, threatened strained or damaged relations should the Resolution pass.

That, dear readers, is meddling.
======================

This is what the blogosphere can do best–present an alternative viewpoint from a dedicated researcher, and amplify it with good writing (unscathed from the again “nicely, nicely” tendencies of corporate journalism beholden to advertisers).

Have a read (or better yet, a listen; Garrett is a good reader) at http://www.transpacificradio.com/2007/08/02/the-comfort-women-resolution-hr-121-passed-why-thats-not-bad/

Well done again, Garrett. Debito in Sapporo

「日本語知らぬ」22000人 公立小中高校の外国人 過去最多 九州・山口は423人

mytest

「日本語知らぬ」22000人 公立小中高校の外国人 
過去最多 九州・山口は423人
8月1日10時7分配信 西日本新聞
http://headlines.yahoo.co.jp/hl?a=20070801-00000009-nnp-soci
Courtesy of Matt Dioguardi

 九州・山口の公立小中高校に在籍し、日本語の指
導が必要な外国人児童生徒が昨年9月現在で計42
3人に上り、4分の1の105人は指導自体を受け
ていないことが31日、文部科学省の調査で分かっ
た。全国では同児童生徒が2万2413人と過去最
高に達し、14%が指導を受けていないことも判明
した。同省は対策を検討する有識者会議を設置、9
月に初会合を開く予定。

 日系人労働者の増加などが要因。日本語の理解が
乏しい児童生徒は愛知が最多で4089人。次いで
神奈川2404人、静岡2343人、東京1762
人の順だった。全体で前年同期より8%増え、4年
連続の増加となった。

 九州・山口では、福岡が211人と最多。次いで
熊本55人▽山口41人▽大分36人▽鹿児島26
人▽宮崎22人▽長崎21人▽佐賀11人‐だった。

 母国語別では、全体でポルトガルが38、5%と
トップ。中国、スペインを含む3つの言語で全体の
7割以上を占めた。九州・山口では、同児童生徒の
数が横ばい傾向にあるものの、中国が全体の4割を
占め、日中関係の緊密化がうかがえた。

 各自治体は、日本語指導員の派遣や特別講義など
に取り組んでいるが、「財政難で教員増は難しい。
児童生徒の在籍期間が短い場合もあり、中長期的対
応は取りにくい」(熊本県教委)との声も上がって
いる。
=2007/08/01付 西日本新聞朝刊=
ENDS

読売:外国人登録の子供、1%が小中学校に就学せず…文科省調査

mytest

ブロックの皆様、おばんでございます。この記事のシリーズは何を証すのかというとと、「義務教育は国民のみに保証する」との指令の結果です。

外国人の子供は教育しなくてもいいという前提で学校は外国人の子供を入校拒否して、昨年12月におけた安倍首相は教育基本法の改訂は「国民義務教育」の状態に触れず、その盲点で教育を受けない日本在住外国人の子供はアンダークラス入るのは将来です。

ようやく文科省もこの現象を明かす統計も出してくれているので、早期に義務教育を全ての日本在住・納税者まで及ぼしましょう。有道 出人

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

外国人登録の子供、1%が小中学校に就学せず…文科省調査
2007年7月31日 読売新聞
http://www.yomiuri.co.jp/national/news/20070731i412.htm
Courtesy of Matt Dioguardi

 日本の自治体に外国人登録をしている学齢期の子供のうち、約1%が小中学校への就学手続きを取らないまま生活していることが31日、文部科学省の調査で明らかになった。

 所在不明で就学の有無を確認できなかった子供も17・5%に上り、不就学の子供の割合は、実際には1%を上回るとみられる。同省は、こうした実態が非行や違法就業の温床になっている可能性もあるとして、対策を検討するための有識者会議を近く発足させる。

 文科省は2005年度から06年度にかけ、外国人が多く住む群馬県太田市、愛知県岡崎市など11市と滋賀県の計12自治体に依頼して、不就学の子供の割合などを初めて調べた。

 それによると、義務教育の対象となる6〜15歳の外国人登録者計9889人のうち、小中学校に入学したり転入したりする手続きを取っていない不就学の子供は112人(1・1%)。また、1732人(17・5%)は、登録された住所地に住んでおらず、連絡が取れなかった。自治体に届け出ないまま帰国したり、日本国内の別の場所に転居したりしたケースとみられ、同省は、転居先で不就学になっている子供もいるとみている。

 不就学の理由を複数回答可として保護者に尋ねたところ、「お金がない」(15・6%)が最も多く、「日本語が分からない」(12・6%)、「すぐ母国に帰る」(10・4%)などが続いた。「仕事をするため」「きょうだいの世話をするため」といった理由を挙げた保護者もいた。

          ◇

 文部科学省は31日、全国の公立学校に通う外国人のうち、日本語の指導が必要な児童・生徒は、昨年9月1日現在で5475校に計2万2413人いたと発表した。前年に比べ、学校数で194校、人数では1721人増えており、ともに過去最多となった。母国語別では、ポルトガル語8633人、中国語4471人、スペイン語3279人の順に多かった。

(2007年7月31日21時47分 読売新聞)
ENDS

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

文部科学省「日本語指導が必要な外国人児童生徒の受入れ状況等に関する調査(平成18年度)」の結果
http://www.mext.go.jp/b_menu/houdou/19/08/07062955/001.htm
ENDS

Economist on Japan’s future demographics: No mention of NJ labor influx

mytest

Hi Blog. Here’s a really sophomoric article from The Economist, which discusses Japan’s future demographics, yet mentions not a word about the influx of foreign labor (even if only to dismiss it as a possibility).

Any serious debate cannot omit this factor; even Japan’s economic media (Shuukan Diamondo June 5, 2004) admits that without the NJ workforce, internationally-competitive domestic factories would not work and we’d have a severe shortfall of payers into Japan’s future.

Why is a magazine as thoughtful The Economist sticking its head in the sand on this issue, even resorting to the “grown-up children who call themselves adult Japanese men” stereotypes by the conclusion of this article?

Cannot ignore global labor mobility, which (with closing on a million NJ workers in Japan) is definitely a factor in Japan’s future demography. Just like in any other developed country. Wish the media would stop assuming that Japan is uniquely able to resolve all of this by itself.

Guess this is what happens when you close your Tokyo office and have to report remotely all the time… Anyway, for shame, Economist. So much newsprint devoted to so much topical reporting! Arudou Debito in Sapporo

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Japan’s changing demography
Cloud, or silver linings?
Jul 26th 2007 | TOKYO
From The Economist print edition
Courtesy http://www.economist.com/world/displaystory.cfm?story_id=9539825

Japan’s population is ageing fast and shrinking. That has implications for every institution, and may even decide the fate of governments

FOR intriguing evidence of the way Japan’s 127m people are greying faster than any others on earth, look at the boom in pokkuri dera. Pokkuri is an onomatopoeic word for a sudden bursting, while a tera or dera is a Buddhist temple. Pokkuri dera, then, are shrines where many of Japan’s older people go to pray not only for the long life that they are increasingly coming to expect, but also for a quick and painless death at the end of it. Their visits have revived the fortunes of old-established temples, notably in the ancient capitals of Kyoto and Nara, while temples elsewhere have reinvented themselves as pokkuri dera with the financial blessings in mind.

More dramatic evidence of the ageing effect may come with nationwide elections on July 29th. Japan’s older voters have the ability, for probably the first time in democratic history, to humiliate and even bring down a government, that of Shinzo Abe, prime minister since September 2006. The elections are for half the seats in the upper house of the Diet (parliament), and are ordinarily something of a political sideshow: after all, it is the lower house that chooses the prime minister. A general election in 2005 gave the ruling coalition led by the Liberal Democratic Party (LDP) an easy majority. Yet these elections, in which the coalition may lose its upper-house majority, have become a vote of confidence in Mr Abe, whose poll ratings have slithered since almost the moment he came to office.

While the prime minister’s priorities are patriotic ones—instilling a sense of national pride in schoolchildren and pushing for a revision of Japan’s pacifist constitution—those of ordinary Japanese lie with bread-and-butter issues. The economy is now into its fifth year of recovery after a decade-long slump, but decent jobs are still short. As for pensions, everyone knows that a shrinking workforce supporting an ever higher number of retired people adds to an already strained budget.

In this context, a fiasco that was uncovered in May at the government agency that handles pensions could not have come at a worse time for Mr Abe. The agency, which appears never to have come to terms with the digital age, is unable to match 50m computerised pension records to people who have paid into public schemes. A further 14m records, it seems, never made it into the computer system at all.

If disgruntled voters punish the ruling coalition on July 29th with a heavy loss of seats, then the LDP may seek a new leader. If Mr Abe survives as prime minister, he will be under pressure to form a government of a different hue, one that brings livelihood issues to the fore. Either way, grey power will have established itself as a force to be reckoned with.

Certainly Japan is greying at an astonishing rate. Shortly after the second world war the proportion of Japanese over 65 was around 5% of the population, easily below that in Britain, France or America. Today the elderly account for one-fifth of the population, and average lifespans have grown remarkably. Life expectancy today is 82, up from a little over 50 in 1947.

By 2015 the proportion of elderly will have risen to one in four of the population, or more than 30m. This is thanks mainly to an unusually large baby-boom generation passing into the ranks of the old. Between 1947 and 1949, 2.7m children a year on average were born to surviving Japanese soldiers who returned from war, married and settled down—about a third more than in previous years. This year, the baby-boom generation began to retire (at present, 60 is the mandatory retirement age at most companies). The size of their pensions obligations has funding implications both for companies and for government. But there is another dimension to the baby-boomers’ retirement: these workers drove Japan’s economic transformation of the 1970s and 1980s. They are a reservoir of technical and managerial skills.

Who to pass these on to? Japan’s birth rate fell below the replacement rate of 2.1 in the early 1970s. It slid to a low of 1.26 in 2005, before inching up last year to 1.32—nobody calls it a recovery. In 2005 Japan’s population began to fall in absolute terms, despite increasing life expectancy. It is about to shrink at a pace unprecedented for any nation in peacetime. The National Institute of Population and Social Security Research estimates a total population of 95m by 2050, with the elderly accounting by then for two-fifths of the total.

The disappearing young
A shrinking population already has implications for the workforce. Currently, some 16m Japanese are in their 20s. This number will shrink by 3m over just the next decade. This spring, during the annual job-recruitment round, new university graduates found themselves in record demand, and not just because of the recovering economy: over the coming years, companies will have fewer young graduates to choose from. That is nice for young job-seekers, except for one thing: as Japan ages and shrinks, workers must support an ever larger proportion of retirees. By 2030, demographers say, Japan will have just two working-age people for each retired one; by mid-century, short of a rapid and unlikely return to fecundity, the ratio will rise to three for every two retirees.

Can a working population support such a number of future retirees? Today’s younger workers appear not to think so. Two-fifths of them are not paying contributions towards the fixed portion of their state pension scheme (current contributions fund present, not future retirees), suggesting they don’t believe that the scheme will be viable when they retire. And they may be right.

It is in the countryside that demographic changes hit particularly hard. There the population has been falling for years, as younger villagers head for the city in search of work and play. Today, those over 65 account for two out of five people in rural communities, and three-fifths of all farmers. The future of farming in such places is in doubt. Growing rice, the staple crop, requires communal efforts in irrigation, flood control and the like. Mutual obligations in communities run even to organising funerals. So when young villagers leave for the city, everyone feels the loss. An earthquake on July 16th in Niigata prefecture brought the problem home; the 3,000 evacuees still living in shelters are predominantly elderly, unable to fend for themselves in their damaged houses.

The tiny hamlet of Ogama, in Ishikawa prefecture near the Sea of Japan, is responding most radically to population decline. (The community has three men and six women between the ages of 62 and over 90, down from a population of 50 a generation ago.) The survivors of this remote and stunning valley have canvassed an industrial-waste company from Tokyo and, if the prefecture approves, the valley—paddy fields, vegetable plots and cedarwood plantations—will disappear under 150 metres (500 feet) of industrial ash. The villagers plan to use the money from the sale to build new houses in the nearby township, to where the ancestral shrine has already been moved.

For years, the regions have brought their problems to the capital. On any working day in Tokyo, the corridors of the transport and infrastructure ministry are thronged with supplicants from the provinces clutching maps of the latest scheme for a road into the forest or an unnecessary dam. Yet the days of lavish spending on public works are nearly over, while the central government has slashed tax remittances to localities. With pinched resources and the prospect of steep falls in the population, local governments are being forced into the most radical reorganisation in half a century.

A couple of much-publicised municipal bankruptcies have helped sharpen minds. Yubari, a former mining town on the northern island of Hokkaido, has seen its population fall from 100,000 in the 1950s to 13,000 today. Costly promotions to raise the town’s profile—including a film festival and the marketing of Japan’s priciest melons—have saddled the town with a crippling ¥63 billion ($519m) in debts. Last year Yubari was declared insolvent.

No nearby municipalities particularly want to be Yubari’s friend, but elsewhere the central government is urging villages and towns to merge in order to pool resources and gain a more secure tax base. Yamanashi prefecture south-west of Tokyo, a place of peach orchards and factories making industrial robots, exemplifies the trend. In 1888 Yamanashi had 342 administrative units; today, it has shrunk to 28 municipalities and is still declining. The pace has quickened greatly since 2003.

But municipal mergers are unlikely to be the end of the matter. Prefectural leaders and central government are talking about a radical rehaul of local government in which prefectures merge to form larger blocks—states, in essence. Before this dance has begun, prefectures are already eyeing up the most attractive partners.

To shrink a city
Elsewhere, administrators are starting to think about the implications of population decline, among other things, on running bigger cities. Aomori, a city of 300,000 at the very top of Honshu, Japan’s main island, has a policy of actively stemming the urban sprawl that blights so much of Japan. Aomori has a proportion of elderly and single households somewhat above the national average. It also has huge quantities of winter snow, thanks to the moisture that Siberian winds pick up across the Sea of Japan: ten metres can fall in a season. In a bad year snow-clearing can cost ¥3 billion: a sum which Takeshi Nakamura of the city government says could build two new schools.

In response, the municipal government set about trying to shrink the city. A limiting arc was drawn around its south side (the north is bounded by a wide bay), and some of the city’s main institutions—the library, city market, hospitals and museums—were moved back to the middle of town. Public transport was improved, and snow was cleared from main arteries as well as pedestrian streets to allow people to move easily about the centre. The improvements, in turn, have encouraged new apartment blocks to be built near the centre, says Mr Nakamura, and plenty of older people tired of shovelling snow are moving into them.

Aomori’s ideas about a “compact city” have been driven by the problems of snow. All the same, says Takatoshi Ito of Tokyo University, who sits on Mr Abe’s Council for Economic and Fiscal Policy, the central government should be urging other cities to think along similar lines. Population decline does not mean there is no urban sprawl. Mariko Fujiwara of the Hakuhodo Institute of Life and Living points out that the number of one-person households will overtake all other types this year, while the total number of households is still rising in Japan, to almost 50m.

Kaisha care
Still, the greatest response to demographic change in Japan needs to come from companies. Despite wrenching change over the past 15 years or so, the Japanese company, or kaisha, still plays a more paternal part in employees’ lives than in any other well-off society, shaping not just their work but also their social life. Indeed, with long hours in the office as well as punishing sessions in bars with colleagues afterwards, the two are often indistinguishable. Atsushi Seike, a labour economist at Keio University, argues that Japan’s problem is less that demography is changing too fast, than that employment and retirement systems designed for an earlier age are not changing fast enough.

In particular, these systems have not kept pace with greatly longer lives. True, the government has begun to raise the age at which people are eligible for employee pensions, which are made up of fixed and earnings-related parts. Eligibility for the fixed part has been raised to 62, and will climb to 65 by 2014; eligibility for the bigger, earnings-related part rises to 65 by 2026. This is too little, too slow. Mr Seike argues that the state minimum pensionable age should be raised swiftly to 70.

Meanwhile, companies are also adjusting too slowly. Most firms have a mandatory retirement age of just 60. A recent law requires them either to raise their mandatory retirement age over time, or to provide retraining and re-employment programmes to keep on employees. Most have opted for the latter; since most companies have formal pay scales that reward seniority over merit, raising the mandatory retirement age would be expensive. However, one big company, Kawasaki Heavy Industries, has broken new ground: in 2009, it will raise mandatory retirement to 63 while slashing pay.

Getting rid of mandatory retirement altogether would hasten the end of seniority-based pay, allowing older workers (who in Japan are eager to work for longer) to fill jobs for which they are best suited. A system based more on merit would give able younger workers a leg-up too.

Raising the retirement age to 70 would roughly halve the rate of decline in the workforce. Raising the participation rate of women—at 63% of working-age women, below Britain or America (around 68%)—would do much to slow it further. A number of factors militate against working women. A higher proportion of women than men find jobs only on temporary contracts, which pay on average 60% less than regular work. Male chauvinism still dominates in the office: many jobs are advertised as available only to younger women, while fewer than 10% of professional managers are women, against 46% in America. Meanwhile, companies’ long hours (often a substitute for productivity) make things hard for working mothers. So too does a shortage of child care: just a third of children over three and under school age go to kindergarten, compared with an OECD average of three-quarters. Huge numbers of women drop out of the workforce entirely once they have children. In Japan, says Jeff Kingston of Temple University in Tokyo, women have to choose between work and family.

Meanwhile, the OECD notes a positive correlation between fertility and female employment: the easier it is made for women to do rewarding work, the more likely they are to consider having children. So policymakers in Japan are now starting to grapple with the effect of Japanese work habits on the low birth rate. Hideki Yamada, director for policy on ageing and fertility in the Cabinet Office, says surveys suggest that nine-tenths of Japanese aged 18-34 not only want to get married, but often want to have two children. With Japanese precision, policymakers have calculated that without impediments to marriage and child-raising, Japan’s birth rate would jump to 1.75.

Policy, says Mr Yamada, should be directed towards making that leap. Attempts began under Mr Abe’s predecessor, Junichiro Koizumi, with the introduction of financial support for families with young children and expansion of child-care facilities. Now a novel concept is creeping into government documents, “the work-life balance”, for which, tellingly, there is no common Japanese expression. In late July, business and union leaders met Mr Abe and other ministers to discuss how to reach such a balance.

“It’s embarrassing to say this,” admits Mr Yamada, “but after a first child is born, the husband often doesn’t do his bit helping out at home, and that engenders anxiety in the wife about having a second child.” That is partly cultural habit. Boys are pampered at home by their mothers and expect the same treatment—no nappy-changing, no washing up—later from their wives. But it is also because of the long working hours companies expect. So, says Kuniko Inoguchi, minister for gender issues and social affairs under Mr Koizumi, policy needs not only to be directed towards encouraging more women to work, with more nursing care for elderly relatives, better child care, more flexible working arrangements and so on. It also needs to make life better for working men.

A better work-life balance is good for companies, which can thereby attract better talent. It is also good for working men, says Mrs Inoguchi. They can enjoy a proper private life, spending more time at home—always assuming, and it is no foregone conclusion, that Japanese wives are prepared to tolerate them there.

ENDS

Yomiuri: Nikkei defecting from DPRK are stateless, have trouble becoming J citizens

mytest

Hi Blog. Here’s another interesting angle to Japan’s funny nationality laws. First we get a person like Alberto Fujimori, who parachutes into Japan on the lam from international law, essentially claims asylum (leaping over the thousands of candidates waiting in line for years to naturalize or become refugees), does a runner to another country on another passport, and gets brought back to run in absentia in this current Japanese election as a candidate. All because of his Japanese blood.

Yet here we have a situation where people also have the same legitimate claim (Japanese blood) and are being denied citizenship anywhere, let alone Japan. All due to the politics of the region. Anyone find any consistency in Japan’s citizenship law application, please try to explain it to me.

Looking forward to this weekend’s election results. If Fujimori actually gets elected, I will, er, well, I don’t know what I will do. Perhaps be speechless for once. Debito in Sapporo

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24 defectors from DPRK still stateless / Prejudice rife in catch-22 situation
The Yomiuri Shimbun Jun. 13, 2007

http://www.yomiuri.co.jp/dy/world/20070613TDY01003.htm
Courtesy Jeff Korpa

At least 24 defectors from North Korea living in Japan remain stateless, largely due to the lack of clear government guidelines on how to determine the nationalities of such defectors, it has been learned.

The statelessness of the 24 people also is a result of each local government having been left to its own devices regarding how to deal with the registration of the foreign defectors.

Observers have pointed out that the North Koreans face discrimination in finding employment and encounter difficulties earning a regular income as long as they remain stateless, hampering their efforts to become naturalized Japanese.

While the number of North Korean defectors living in Japan is rapidly increasing, the government has virtually no support system in place for them, they said. North Koreans have been defecting to Japan since the late 1990s. Many of them fled to China overland, before seeking shelter in the Japanese Consulate General in Shengyang, China.

The government permits Japanese wives of former pro-Pyongyang Korean residents of Japan and their descendants to live in Japan, as they are seen to have relatives here. Many pro-Pyongyang residents emigrated to North Korea in the resident repatriation project from 1959 to 1984. Under the scheme about 93,340 pro-Pyongyang residents in Japan, their Japanese wives and children left for North Korea.

By the end of last year, about 130 defectors were living in Japan, with nine people having entered the country this year, government sources said.

A support group for the defectors interviewed 82 defectors residing in Japan in February and confirmed 24 children and grandchildren of the Japanese wives remain stateless, the group’s official said.

Among the remaining 58 defectors, some Japanese wives reobtained Japanese nationality after they became naturalized citizens. Others gained Korean nationality and later changed to South Korean nationality in most cases.

In 1966, the Justice Ministry issued a notice to municipal governments to describe the nationality of North and South Koreans as Korean when they made their initial application for a foreign registration card. In a 1971 precedent, the nationality of those who were born on the Korean Peninsula stated on foreign registration cards was Korean.

The immigration authorities insist that every municipal government is supposed to follow this precedent. But some municipal government officials said such defectors are recognized as stateless as they do not have passports or any identification documents.

Under the current Nationality Law, Japanese wives of former pro-Pyongyang Korean residents can reobtain Japanese nationality easily, but their children and grandchildren face difficulties in naturalization unless they have sufficient income to support themselves.

(Jun. 13, 2007) ENDS

UN.ORG on pushes to make sure HRC holds all countries accountable

mytest

Hi Blog. The UN News has been issuing press releases to make sure the Human Rights Council doesn’t become as emasculated as the former Human Rights Commission–by holding all countries accountable with periodic reviews of their human rights records.

Good. Japan in particular is particularly remiss, given its quest for a seat on the UNSC without upholding its treaty obligations, particularly regarding Japan’s refusal to pass a law against racial discrimination, and file reports in a timely manner (last report was due the HRC all the way in 2002!). The UN is quite well aware of this, and has been highly critical of Japan’s unfettered racism in recent years. UN Special Rapporteur Doudou Diene has been well recorded on the Debito.org Blog as well. Debito in Sapporo

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From: UNNews@un.org
Subject: SECRETARY-GENERAL WELCOMES AGREEMENT ON DETAILS OF UN HUMAN RIGHTS REVIEW
Date: June 21, 2007 7:00:24 AM JST
To: news5@secint00.un.org
Reply-To: UNNews@un.org

SECRETARY-GENERAL WELCOMES AGREEMENT ON DETAILS OF UN HUMAN RIGHTS REVIEW
New York, Jun 20 2007 6:00PM

Secretary-General Ban Ki-moon today welcomed the Human Rights Council’s agreement setting out how its universal periodic review mechanism will work, saying it “sends a clear message” that the rights record of every country faces serious and meaningful examination.

“No country – big or small – will be immune from scrutiny,” Mr. Ban’s spokesperson said in a statement, adding that non-governmental organizations (NGOs) and other civil society groups need to play an active role in the review to ensure the process works.

“The periodic review holds great promise for opening a new chapter in human rights promotion and underscores the universality of human rights.”

Council members agreed yesterday on the modalities for universal periodic review after several days of marathon discussions. Each year 48 nations, comprising a mixture of Council members and observer States, will be reviewed to assess whether they have fulfilled their human rights obligations.

The modalities were decided as part of a package of new measures and decisions that includes the continuation of the work of Special Rapporteurs and other independent human rights experts.

But in today’s statement, Mr. Ban voiced disappointment at the Council decision to single out Israel as the only specific regional item on its agenda, “given the range and scope of allegations of human rights violations throughout the world.”

The 47-member Council also agreed to end the mandate of the Special Rapporteurs on the situations in Belarus and Cuba, while retaining the other 39 mandates under the so-called “special procedures” system.

Mr. Ban noted “that not having a Special Rapporteur assigned to a particular country does not absolve that country from its obligations under the Universal Declaration on Human Rights and every other human rights treaty.”

The statement from his spokesperson added that the Secretary-General “trusts that members of the Council will take seriously their responsibilities and continue to seek out ways to improve the Council’s work in the months and years ahead.” He also noted that Council members “worked hard to reach consensus on a number of issues.”

Meeting today in Geneva, the Council also adopted resolutions on the situation in Lebanon, the occupied Palestinian territory and Darfur.
2007-06-20 00:00:00.000

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From: UNNews@un.org
Subject: UN HUMAN RIGHTS COUNCIL URGED TO KEEP SYSTEM OF INDEPENDENT EXPERTS
Date: June 12, 2007 6:00:23 AM JST
To: news5@secint00.un.org
Reply-To: UNNews@un.org

UN HUMAN RIGHTS COUNCIL URGED TO KEEP SYSTEM OF INDEPENDENT EXPERTS
New York, Jun 11 2007 5:00PM

The United Nations High Commissioner for Human Rights today urged the Human Rights Council to maintain its system of independent experts and others who shine a spotlight on troubling situations around the world.

Louise Arbour told the Council, meeting in Geneva for the start of its fifth session, that the special procedures system – or the mechanisms, from rapporteurs and experts to working groups, which the Council can use to explore either specific country situations or thematic issues – “represents a critical component in the protection and promotion of human rights.”

She also underscored the importance of the system known as “universal periodic review,” which allows the Council to scrutinize the human rights records of all countries in a regular, rotating manner, predicting it “will develop into a leading instrument” for upholding human rights.

“Reaching an agreement on its framework was not an easy task, but the Council is set to achieve that goal,” she said, urging members to “bring your institution-building efforts to completion.”

The General Assembly resolution that set up the Council last year to replace the discredited Commission on Human Rights agreed that the universal periodic review mechanism must be created by June this year and the special procedures system – kept on from the Commission – must undergo a review during the same period.

Over the course of its current session, Council members will hear from a number of its special rapporteurs and independent experts on country-specific situations and thematic issues, including Belarus, Cambodia, Somalia, adequate housing, judicial independence and the right to food. In addition, the Council’s Expert Group on Darfur is expected to present its report.
2007-06-11 00:00:00.000

J Times: Ogata Sadako on J refugee policy

mytest

Hi Blog. Revealing interview of a person trained to be diplomatic at all times… Debito in Sapporo

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Sadako Ogata was the U.N. High Commissioner for Refugees from 1991-2001, and has been President of the Japan International Cooperation Agency (JICA) since 2003. Here, she talks frankly to The Japan Times about Japan’s attitudes to those who flee their homelands and seek sanctuary on these shores.

REFUGEES AND JAPAN
Diplomat rues Tokyo’s ‘lack of humanity’ to asylum-seekers
By JEFF KINGSTON
The Japan Times: Sunday, July 8, 2007

http://search.japantimes.co.jp/cgi-bin/fl20070708x1.html
Courtesy of Matt Dioguardi

Are there signs of progress in the grim situation facing asylum-seekers in Japan?

From 1979-89, when the Indochina refugee issue was hot [after the Vietnam War], there was a lot of energy and effort focused on refugees and resettling them in Japan. In 1979, I was asked to lead a mission to the Thai-Cambodian border. It was the first time I saw a massive refugee outflow and presence. At that time Japan pledged to provide half the funding for the UNHCR Indochina refugee program. That was the first big step Japan took toward helping the Indochina refugees. In addition, Japan agreed to accept an initial 500 refugees for resettlement, and in the next year the number went up to 10,000.

In the early 1980s, Japan’s economy was rising and it faced rising expectations for shouldering some of the burdens — and it lived up to those expectations. It would be interesting to examine the outcomes for the Indochina refugees. I think there are some good stories there that would reassure the public about the consequences of accepting refugees.

In 1981, Japan also became a signatory to the 1951 U.N. Convention on Refugees, but then the numbers of refugees accepted went way down. Japan’s approach to refugees under the Convention has been very reserved. This may come back to haunt Japan if there is a crisis on the Korean Peninsula. Will other countries help with resettling large numbers of North Korean refugees — or only provide financial assistance?

Critics argue that Japan is guilty of checkbook diplomacy — contributing significant funding but accepting so few refugees. Is this a fair assessment?

Yes, that is accurate to a degree, but at the same time there were not that many asylum-seekers landing in Japan after the Indochina crisis. Since Aung San Suu Kyi’s detention in 1989 by the military regime in Myanmar, there has been an increase in Burmese asylum-seekers — and more recently from Afghanistan — but it has not been a massive outflow. Individual cases are considered and there the Japanese tendency for a meticulous judicial approach, asking for complete documentation that most refugees don’t have, came to dominate refugee reception policies. It has been a very legalistic approach showing no humanitarian sense to those who had to flee.

Is that changing?

Every year I would come and lobby Justice Ministry officials about their policy toward refugees, but I don’t think there was that much progress. Maybe I should have worked harder on Japan, but I was so busy with millions of people globally, whereas in Japan they were only trickling in. Maybe I should have been more firm. I don’t think it was just checkbook diplomacy — there were also lots of Japanese volunteers who came to help with the refugees, and efforts by NGOs, maybe not on a large scale, but still significant.

In terms of asylum, Japan has not been the best humanitarian country. Japan is not a refugee power in global terms — refugees go where they know they will be received and can find support. From Japanese officials’ perspective, the fewer that came the better. The government thinks of this as taigan no kaji (fire on the opposite riverbank), in the sense that it is not an immediate crisis situation facing Japan.

What are the diplomatic costs of Japan’s restrictive policy toward refugees?

The costs, unfortunately, are not so high. Everywhere the door is closing against refugees. Look at the United States and Europe — the commitment to helping refugees is fading, and that means that Japan will not suffer much criticism for its policy. So I don’t think that Japan’s bid for a seat on the UN Security Council will be harmed by its poor record on refugees.

Are government policies and attitudes improving?

Groups of lawyers have been very devoted to helping asylum-seekers and have exposed weaknesses in the legal system regarding asylum-seekers. At least they made some changes and expanded the appeal process and brought in some outsiders including some NGO people to hear the appeals. So in that sense there has been a slight improvement. And now they have added a category of humanitarian consideration (asylum-seekers who are not recognized as Convention refugees but are still allowed to stay in the country). There are more cases of asylum-seekers being awarded humanitarian status than refugee status.

Within JICA [the Japan International Cooperation Agency] a group was organized to help Ali Jane, an ethnic Hazara from Afghanistan, and (it) published a book — “Mother I Am Still Alive” — and my colleagues actually found his mother. There are good stories of real humanitarian consideration. Not everybody is cruel, but the legal process is less than what I would like to see.

The Justice Ministry says it doesn’t want to get ahead of public attitudes, and the Japanese people are not ready for an influx of refugees.

They are very strict. In my discussions with them there is rarely any reference to humanitarian considerations.

What is the logic of Japan’s exclusionary policy?

This is a very bureaucratic country. Bureaucrats think they know what is best and act in the name of the people. NPOs have a much freer way of thinking and promote closer contact with people of other countries. Things are opening up a bit. However, there is still the myth of one race and homogeneity, even though it is slowly fading. Globalization is slowly undermining these wrong assumptions.

Isn’t there a disconnect between the demographic time bomb and attitudes toward refugees?

Japan’s need for foreign labor is changing the context of the debate over migrants. And civil society is also playing a role. If we leave it to the natural flow of asylum-seekers, they won’t come to Japan unless there is a huge crisis on the Korean Peninsula — but we need foreign labor and a more open society.

Should the UNHCR think of more resettlement efforts like those with the Indochinese refugees?

Yes. Japan had a good experience with the Indochinese refugees and accepted more than 10,000 in the end. Perhaps it would help if Japan worked with UNHCR and set up a quota and opened up the country to bring some people out for resettlement. The U.S. had a quota of over 100,000, which came down to 80,000 during my tenure, and under the Bush administration it has become much smaller. But there are currently negotiations about giving asylum to Bhutanese in Nepal and/or Karens out of Myanmar who are in border camps in Thailand. There is screening going on. The question is whether Japan might also participate in this resettlement project and respond to this humanitarian crisis in Asian countries. Some kind of resettlement program seems likely, and discussion between the UNHCR and the Japanese government is ongoing. I expect this will start on a small scale.

What are the prospects for Japan accepting more refugees?

Prolonged recession has undermined the context for reception of foreigners, and Japan has a poor record on integrating foreign workers properly. It is hard for the public, media and government to differentiate between the mixture of refugees, economic migrants and criminals seeking entry. And very often there are those who blame crime on illegal foreign people. There are plenty of Japanese committing crimes but foreigners are easy targets. And we have more than 300,000 Brazilians of Japanese origin and their situation has not been very good. The problem is that Japan has had an open approach to receiving many foreigners, for example “entertainers,” rather than refugees . . . but keeping people out doesn’t always assure your security.

The Japanese government has been reluctant to criticize Myanmar, but in the last 10 years the largest number of asylum-seekers gaining refugee status have been from Myanmar. By recognizing them as refugees, is the government acknowledging that the military junta is repressive and that these people are being persecuted?

It is a very repressive regime and a political signal is being sent. There are historical reasons for Japan’s sympathy for the Burmese dating back to World War II — and especially since the detention of Aung San Suu Kyi.

How could the UNHCR be more effective resettling refugees in Japan?

Of all international agencies here, the UNHCR is the only one that has to deal primarily with the Justice Ministry, and it should maintain good and close working relations with that ministry. The UNHCR advocates for non-nationals, while the Justice Ministry sees its role as protecting Japanese nationals, and this collides with humanitarian considerations. It’s not just Japan, the UNHCR has had similar problems in Europe. Germany was the country I visited most frequently because they received a lot of refugees, and there were many problems. This is the job of the UNHCR, but it doesn’t have to be confrontational. Emphasizing and improving legal procedures, while bringing humanitarian considerations into the discussion, is most effective. This is the role of the UNHCR.

How do you regard the Refugee Film Festival?

It is one of the better efforts of the UNHCR in awareness raising. It certainly touches a lot of people and reaches out to those who did not have much knowledge of, or interest in, refugee issues. I was especially touched by the film “Live and Become.”

Any final thoughts?

The Justice Ministry’s strict policies are not the whole story. There are other government officials who are concerned and trying to improve things, and lawyers and NGOs are also working toward creating better conditions. The time is coming when the Justice Ministry becomes fully involved to solve refugee problems in proper and humane ways.

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Two weeks after our interview, Dr. Ogata’s staff informed me that she was infuriated and deeply disappointed by the June 11 decision of Justice Minister Jinen Nagase to ignore a Tokyo High Court ruling recognizing the refugee status of the Afghan asylum-seeker Ali Jane. She and her staff at JICA had taken a personal interest in the plight of this ethnic Hazara who narrowly avoided deportation from the Ushiku Detention Center in Ibaraki Prefecture. Freshmen JICA staff, hearing about this story from a lawyer who participated in their orientation program, researched Ali Jane’s history and published a book that went into three printings, selling some 21,000 copies. Five years ago, he applied for refugee status, but was turned down by the Justice Ministry. He then pursued his case in the courts and seemingly prevailed in the appeal process. However, Justice Minister Nagase decided against granting him refugee status and instead awarded him a special status visa, apparently because he is married to a Japanese woman.

The Japan Times: Sunday, July 8, 2007

ENDSA

Niigata Quake becoming opportunity for J and NJ to help one another

mytest

Hi Blog. One of my Newsletter readers asked yesterday if I ever have any good news to report. Sure. Here’s some even from a tragic situation. Both articles courtesy of Matt Dioguardi at The Community:

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Quake help for foreigners

The Yomiuri Shimbun July 18, 2007

http://www.yomiuri.co.jp/dy/national/20070718TDY02001.htm

The Niigata prefectural government’s International Affairs Division is offering consultation services for foreign residents affected by Monday’s earthquake.

Help is available in Chinese, English, Korean and Russian by telephone or by e-mail.

Call (025) 280-5098 or e-mail ngt000130@pref.niigata.lg.jp

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

Excellent. Thanks to Niigata Prefecture for acknowledging the existence of a NJ community and offering help.

The media is also reporting on NJ returning the favor:

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

Quake-hit Chinese students help other evacuees in Niigata

Yahoo News Wednesday July 18, 2007 2:53 PM

http://asia.news.yahoo.com/070718/kyodo/d8qerigg1.html

(Kyodo) _ Students from China’s Inner Mongolia who are staying at a community center in Niigata Prefecture after Monday’s deadly earthquake are helping other evacuated people there, especially the elderly, by bringing them water from a nearby elementary school.

On Wednesday morning, 11 students studying at Niigata Sangyo University in Kashiwazaki, including members of the university’s Mongolian wrestling club, drew water from a swimming pool at the Biwajima elementary school with buckets mainly for nine portable toilets set up at the Biwajima community center.

The six male and five female students walked through a residential area in the city for about 300 meters where water supply has stopped since the earthquake. They poured the water into the toilets’ tanks after returning to the community center.

“We thank them for the voluntary help. They were ready to come forward to do work such as moving water which requires muscle power,” said city government official Kiyohiro Naito, who is overseeing the community center.

The city on the Sea of Japan coast is one of the areas hit hardest by the quake, which killed nine people, injured nearly 1,100 and forced more than 10,000 to be evacuated from their homes in the prefecture alone.

A shortage of water — both for drinking and daily purposes such as keeping portable toilets clean — has been a problem for people in Kashiwazaki.

“We’re doing this with gratitude for people in Kashiwazaki,” said a third-year student in the university’s school of economics who identified himself only as Eerduncang. The 29-year-old is one of the university’s Mongolian wrestling club members.

He said he never experienced an earthquake before coming to Japan in April 2005.

“I was so scared by the earthquake. Right after that, I had many problems, for example, where I should be and how to get food and drink. Here, I have the feeling of safety,” he said.

The students from Inner Mongolia were among some 160 people evacuated on Monday to the community center, which was one of some 70 evacuation centers set up in the city after the quake.

About 150 students from Inner Mongolia are studying at the university in the current academic year, with some 50 of them ending up at the community center.

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

Bravo indeed. Great precedents. Debito in Sapporo

Asahi and JT on Alberto Fujimori’s J Diet candidacy, with commentary

mytest

Hi Blog. The Asahi of July 12 has run an editorial on Alberto Fujimori, wanted by Interpol on suspicion of murder and kidnapping, and his incredible candidacy for the Japanese Diet. The JT of July 18 reports that Fujimori intends to return to Japan if elected. Comments from cyberspace follow articles:

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

EDITORIAL: Fujimori’s candidacy
07/12/2007 The Asahi Shinbun

http://www.asahi.com/english/Herald-asahi/TKY200707120092.html
Courtesy of Claire Debenham

It is no longer unusual today for show-biz personalities and professional athletes to stand in elections for public offices. But we are surprised at the news that a former president of a foreign country will run for the Upper House election. Former Peruvian President Alberto Fujimori, 68, decided to run as a proportional representation candidate of Kokumin Shinto (People’s New Party) for the July 29 election.

“I would like to show my gratitude to Japan, the home of my parents, by making use of my presidential experiences,” Fujimori explained.

A son of Japanese immigrants from Kumamoto Prefecture, Fujimori was born in Peru, where his parents registered him as a Japanese citizen at the Japanese Consulate. Fujimori holds dual citizenship, but this in itself poses no problem legally.

Shizuka Kamei of the Kokumin Shinto noted: “Including myself, Japanese lawmakers have become a pretty useless bunch. I want Fujimori to be ‘the last samurai’ who will whip them into shape.”

Fujimori was president at the time of the 1996 hostage crisis at the Japanese ambassador’s residence in Lima. We presume Kamei and his party were impressed by Fujimori’s decisive handling of the crisis.

But we definitely do not think this is a good enough reason for anointing him as the party’s Upper House candidate.

In 1990, Fujimori became the first Peruvian president of Japanese ancestry. He rehabilitated the nation’s near-bankrupt economy and settled a century-old border dispute with Ecuador. These achievements are held in high regard by many. However, in the course of his long administration, a spate of scandals surfaced–corruption by his aide and repression of dissidents and human rights abuses by the military.

Yusuke Murakami, an expert on Latin American politics and associate professor at Kyoto University, said: “Fujimori was ensnared in Peru’s history of authoritarian rule by a handful of strongmen, and became part of that history himself.”

While visiting Japan on his way home from an international conference in Brunei in 2000, Fujimori was forced into resignation. He remained in Japan where he sought asylum. His exile, coupled with people’s memories of the hostage crisis four years before, made him a big name in Japan.

We presume this was what made Fujimori an attractive choice for Kokumin Shinto, a minor entity overshadowed by the ruling Liberal Democratic Party and opposition Minshuto (Democratic Party of Japan).

But Peruvian authorities have an arrest warrant for Fujimori for his alleged embezzlement of public funds and involvement in the massacre of civilians during his presidency.

Fujimori was detained in Chile when he moved there two years ago in preparation for a political comeback. He is now under house arrest. The Peruvian government is demanding his extradition, and the case is currently being deliberated by the Chilean Supreme Court.

Fujimori is in no state whatsoever now to conduct an election campaign in Japan. There is even speculation in Peru that Fujimori is running for the Japanese Diet in order to escape extradition.

Even if he should win the election, he will hardly be in a position to attend Diet sessions. There will arise the question, too, of whether he should be allowed to keep his dual citizenship.

Fujimori ought to be seeking the trust of Peruvian voters, not Japanese. And we believe that he should show his gratitude to Peru, not Japan.

–The Asahi Shimbun, July 11 (IHT/Asahi: July 12,2007)
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japantimes071807.jpg
Click on article to see entire scan

COMMENT: Sloppy editorializing by the Asahi. Lots of topics glazed over here, and it’s not merely a matter of editorial constraint. A couple of examples that weaken their otherwise correct conclusions:

1) Fujimori wasn’t just “forced into resignation”. He quit quite flippantly, famously faxing his resignation from a Tokyo hotel room. That’s part of the lore of this man’s history, and it shouldn’t be portrayed with any possible “kawai-sou” bent.

2) Fujimori didn’t just “move to Chile”. He did an overnight runner. He went there surreptitiously and opportunistically, applying for a Peruvian passport in advance (and getting it, contravening Japan’s dual nationality issues), and then was arrested for his trouble at the Santiago airport:

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Fujimori was arrested Monday, a day after leaving Tokyo. The 67-year-old former president secretly left Tokyo on a chartered plane, apparently seeking to prepare for a political comeback in Peru. Japanese Ambassador to Chile Hajime Ogawa claims Japan only learned of Fujimori’s passage to Chile via media reports. But Santiago believes Tokyo must have known about his plans before his arrival. Lagos also urged Japan to explain its position on protecting Fujimori as a Japanese national, with the former fugitive having entered Chile on a Peruvian passport.
=============================
“Diplomats visit Fujimori in Chilean jail”, The Japan Times, Friday, Nov. 11, 2005
http://search.japantimes.co.jp/cgi-bin/nn20051111a3.html

I think Claire and Dave raise some other points well. From the Life in Japan list:

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The editorial in this morning’s English-language Asahi criticizing Alberto Fujimori’s candidacy in the Upper House elections says in passing that

“Fujimori holds dual citizenship, but this in itself poses no problem legally.”

Is that because he was born before 1985, when the revised nationality law came into effect? I thought that strictly speaking, according to the letter of the law, even people born before then were obliged to choose one nationality and renounce the other, and that the Ministry of Justice was just turning a blind eye. If Fujimori is allowed to have dual nationality and run for the Diet, what’s the problem with dual nationality for people like our children?

Claire Debenham
=============================
=============================
Claire,

You raise a good question, and one that I have been pondering a lot recently for various reasons.

A recent link posted either here or on “The Community” list (sorry, I can’t find it at the moment) provided an essay by someone who had researched dual nationality. In it, it said that there was no law strictly forbidding dual citizenship. Unfortunately, the essay was not complete, and so it lacked more detail.

But ultimately it means that there is a difference between criminal law, and rules and regulations about citizenship and immigration. Laws are codified and testable. Rules are at the discretion of the body making them.

One thing you have to keep in mind, and it is written in various places on various forms you see at the immigration office, is that the ministry in charge of nationality and immigration issues ultimately has the authority to decide who gets and doesn’t get citizenship or visas.

It’s like the sign on a restaurant door that says “We reserve the right to refuse service to anyone”. 99.99% of the time there are rules applied that can be readily understood by watching them in practice. But, there is also an undercurrent of discretion that can be applied at any time, to suit the needs of the management.

The bottom line is that Fujimori has been given special exception, and it does expose a lot of unfairness in the current rules.

However, his existence is also an opportunity, in that we can hold him up as an example to say “why is it that someone who is wanted for questioning in massive human rights abuses allowed dual citizenship, and yet I am not?”

The trick is knowing where and how to ask that question. Dave M G
=============================

Which means the Asahi editorial has left a major stone unturned–what the Fujimori Case means for definitions of citizenship in Japan. If anything, his should be the case which says that Dual Nationality is okay.

More feedback:
=============================
Jens wrote:
—————————————————-
Let me actually make a
slightly controversial proposal, though I’m really
just wondering. We all know that Fujimori is a
controversial figure – he’s accused of human rights
violations and corruption. But from a positive point
of view, Fujimori seems to be an example of how
bicultural children can rationally share loyalty in a
way that many seem to think can’t exist. He acted as
president of Peru, and apparently worked hard in
defense of his new country (as well as for his own
pocket, obviously). But he also seems very capable of
taking a “Japanese perspective”. So maybe he should be
used as an argument in favor of allowing double
nationality. . .
—————————————————-

That was my first reaction, too. Permitting dual nationality actually benefits nations, in terms of nurturing people who can create social, economic, and cultural ties. Not that Fujimori would be my personal poster boy, but still…

There’s a website here that has both the Japanese and English text of the Nationality Law, just for reference.

http://info.pref.fukui.jp/kokusai/tagengo/html_e/konnatoki/5kekkon/c_hou/hou.html

The crunch clauses seem to be Articles 12, 14, and 16.

**********

Article 12
A Japanese national who was born in a foreign country and has acquired a foreign nationality by birth shall lose Japanese nationality since the time of birth, unless the Japanese national clearly indicates her/his volition to reserve Japanese nationality according to the provisions of the Family Registration Law (Law No. 224 of 1947).

Article 14
A Japanese national having a foreign nationality shall choose either of the nationalities before s/he reaches 22 years of age if s/he has acquired both nationalities on and before the day when s/he reached 20 years of age, or within 2 years if s/he acquired such nationality after the day when s/he reached 20 years of age.

Article 16

A Japanese national who has made the declaration of choice shall endeavor to deprive her/himself of the foreign nationality.

2
In the case where a Japanese national who has made the declaration of choice but still possesses a foreign nationality has voluntarily taken public office in the foreign country (excluding an office which a person not having the nationality of such country is able to take), the Minister of Justice may pronounce that s/he shall lose Japanese nationality if the Minister finds that taking such public office would substantially contradict her/his choice of Japanese nationality.

*******

Fujimori’s parents registered his birth in their Japanese family register, so he meets the criteria of Article 12. But he neither chose a nationality by his 22nd birthday nor endeavored to deprive himself of the foreign nationality, AND he took public office in another country. So it looks as if, strictly speaking, the Ministry of Justice has sufficient grounds to deprive him of Japanese nationality.

My fear, I guess, is that if Fujimori were to get into the Diet his dual nationality would become an issue, and he’d be forced to renounce his Peruvian passport. At least that might open a debate on the issue, but if it ultimately resulted in a crackdown on other dual nationals that would be quite a negative outcome. Claire Debenham
=============================

Then the voice from the sky:

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

The Japan Children’s Rights Network website also has a section on citizenship that may have some additional information.

http://www.crnjapan.com/citizenship/

There is info and links to some MOJ descriptions of the choice requirement also. Does seem to be a requirement….

http://www.crnjapan.com/citizenship/en/japan_dual_citizenship.html

Even some historical info on amendments, courtesy of the Japan Supreme Court:

http://www.crnjapan.com/citizenship/en/nationalitylawcitizenship.html

And finally another copy of the law itself in English. (Ill update the Japanese version soon after seeing your link Claire – very nice, thank you.) Mark Smith
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Last word from me. More on what I dislike about the antics of Alberto Fujimori archived at Debito.org, starting from:
https://www.debito.org/?p=120.
Arudou Debito in Sapporo
ENDS

J Times column on Hair Police and NJ educational underclass

mytest

Hi Blog. Yesterday (July 17, 2007) the Japan Times Community Page published my 36th column, on the “Hair Police” in Japan’s schools, and how they are part of the forces in Japan interfering with NJ education.

I’ve just put up a “Director’s Cut” version on my regular website, with links to sources. That can be found at:

https://www.debito.org/japantimes071707.html
—————————–

UPDATE: It’s available at the Japan Times site at
http://search.japantimes.co.jp/cgi-bin/fl20070717zg.html

Have a read! Debito

EXCERPT:
=============================

THE ZEIT GIST
Schools single out foreign roots
International kids suffering under archaic rules

By DEBITO ARUDOU
The Japan Times: Tuesday, July 17, 2007
Column 36 for the Japan Times Community Page
“Director’s Cut” with links to sources
Courtesy http://search.japantimes.co.jp/cgi-bin/fl20070717zg.html
PDF scan of the article courtesy Ben Goodyear at https://www.debito.org/JTHairPolice071707.pdf

Since 1990, when Japan started allowing factories to easily import foreign labor, the number of registered non-Japanese (NJ) residents has nearly doubled to more than 2 million. [SOURCE]

Many migrant workers have become immigrants: staying on, marrying, and having children.

Some have faced illegal work conditions, according to the domestic press: incarceration, physical and emotional duress, even child labor and virtual slavery. [SOURCE 1, SOURCE 2, SOURCE 3, SOURCE 4] Policymakers at the highest levels are currently debating solutions. [SOURCE]

Good. But less attention has gone to the children of these immigrants, particularly their schooling. This is a crisis in the making for Japan.

The bellwether of any country’s internationalization is the altered composition of the school population. Many of Japan’s immigrant children are becoming an underclass, deprived of an education for being born different than the putative “Japanese standard.”

GAKKOU NO IRO NI SOMARU…

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

SIDEBAR

Dealing with the ‘follicle enforcers’
Following is some advice on what to do if your child gets nabbed by the school “hair police.”

1. Support your child. Reassure him/her that he/she is as “normal” as anyone else.

2. Seek an understanding with teachers and the principal. Point out that variation is normal. There are plenty of Japanese with naturally lighter, curly hair.

3. Get written proof from your previous school that your child’s hair color or texture is natural.

4. Raise this issue with the Classroom Committee of Representatives (“gakkyuu iinkai”) and/or the local Board of Education (“kyoiku iinkai”). With all the attention on “ijime,” or bullying, these days, the board may be sensitive to your concerns.

5. Be firm. Dyeing hair is neither good for your child’s mental or physical health.

6. If compromise is impossible, consider changing schools (“tenkou”). Your child deserves a nurturing educational environment, not alienated by perceived “differences” on a daily basis. (D.A.)

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

Full article at:
https://www.debito.org/japantimes071707.html
ENDS

J Focus on PM Abe’s Fundamental Education Law reforms

mytest

Hi Blog. Let me post this before I put up my July 17, 2007 Japan Times article, since it has bearing on Japan’s fundamental attitude towards education.

Japan Focus.com online academic site has just put up (July 9) an excellent analysis of PM Abe’s “teach primary students patriotism and love of Japan” reforms to the Fundamental Law of Education, passed December 2006.

Entitled, “Hammering Down the Educational Nail: Abe Revises the Fundamental Law of Education”, by Adam Lebowitz and David McNeill, the conclusion of the article is the most excerptable part:

====================================
Changes to the Fundamental Law of Education: From Citizens to National Subjects?

Much criticism of the amended education law has focused on statements clearly privileging the state over the individual; that is, statements affirming civil liberties still appear, often unchanged, from the original version, but are often undercut and diluted by new language. Perhaps more importantly, however, what makes the amended version of the law appear less a legal document than an expression of authoritarian will is not so much what is said, but how it is said. That is, the language of mystique and belief makes the very notion of individual rights seem anachronistic at best. For this reason the amended version is not a reflection of a democratic and constitutionally law-driven society but resembles in content and in intent the Edict, a product of a wartime regime.
====================================

The article contains an unofficial translation of the changes to the Fundamental Law of Education, side-by-side with the original 1947 document, at http://japanfocus.org/products/details/2468

Of course, left out of the article (as it is tangental) is the issue of how Japan’s children of international roots–including both the children of immigrant workers and the children of international marriages–will be affected by these revisions.

Even from the change in the word “we” (meaning Japan’s residents/citizens–still not completely overlapping), I see great problems in interpretation and exclusion. Excerpting again:

====================================
Old: Warera

Amended: Wareware Nihon Kokumin [We the Countrymen of Japan]

Comment:

Warera is a non-partisan and generalized grammatical subject written phonetically. The new form in kanji is long and bombastic, and most notably conceptualizes “Japan” in an essentialist manner eliding a legalistic framework. The Constitution is not mentioned until the third paragraph. In short, the “we” of the old law were citizens of a constitutionally based body politic; now, “we” are in effect national subjects.
====================================

Thanks to PALE’s Robert Aspinall for notifying me. Arudou Debito in Sapporo

US State Dept and YouTube on Japan’s Int’l Child Abduction

mytest

Hi Blog. Two things I’ll combine into one blog post, since it’s right on the heels of the Colin Jones law journal article.

First, excellent video by Eric Kalmus on the irony of Japan’s child abductions (in the face of all the international rules against this, not to mention the political capital gained by the GOJ over the DPRK abductions of Japanese) after the breakdown of international marriages. Courtesy of YouTube:

http://www.youtube.com/watch?v=qzwzGxJfN8s

But more importantly, the US State Department has included on its site a warning re Japan’s negligence regarding divorce, child custody, and abduction.

We’re getting through, on an international level. A series of referential links follows the State Department entry (so skip the minutiae and page down to the bottom if you want more beef). Arudou Debito in Sapporo

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

US DEPARTMENT OF STATE
TRAVEL.STATE.GOV BUREAU OF CONSULAR AFFAIRS

Original at:
http://travel.state.gov/family/abduction/country/country_501.html#
(NB: Live links within original article are not included below)

Travel Warnings | Travel Public Announcements | Travel Information by Country
Saturday July 14, 2007

International Parental Child Abduction: Japan

DISCLAIMER: The information in this flyer relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

Japan is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Japanese civil law stresses that in cases where custody cannot be reached by agreement between the parents, the Japanese Family Court will resolve the issue based on the best interests of the child. However, compliance with Family Court rulings is essentially voluntary, which renders any ruling unenforceable unless both parents agree.

The Civil Affairs Bureau of the Japanese Ministry of Justice states that, in general, redress in child custody cases is sought through habeas corpus proceedings in the court. There is no preferential treatment based on nationality or gender. Although visitation rights for non-custodial parents are not expressly stipulated in the Japanese Civil Code, court judgments often provide visitation rights for non-custodial parents.

In practical terms, however, in cases of international parental child abduction, foreign parents are greatly disadvantaged in Japanese courts, both in terms of obtaining the return of children to the United States, and in achieving any kind of enforceable visitation rights in Japan. The Department of State is not aware of any case in which a child taken from the United States by one parent has been ordered returned to the United States by Japanese courts, even when the left-behind parent has a United States custody decree. In the past, Japanese police have been reluctant to get involved in custody disputes or to enforce custody decrees issued by Japanese courts.

In order to bring a custody issue before the Family Court, the left-behind parent will require the assistance of a Japanese attorney. A parent holding a custody decree issued in U.S. courts must retain local Japanese counsel to apply to the Japanese courts for recognition and enforcement of the U.S. decree.

Lists of Japanese attorneys and other information are available on the web at http://www.tokyoacs.com or from the Office of Children”s Issues at the address shown below. Links to the web sites of our other consulates in Japan can also be found at this web site.

U.S. consular officers are prohibited by law from providing legal advice, taking custody of a child, forcing a child to be returned to the United States, providing assistance or refuge to parents attempting to violate local law, or initiating or attempting to influence child custody proceedings in foreign courts. They generally cannot obtain civil documents (such as marriage registrations and family registers) on behalf of a parent, although an attorney can.

The American Embassy in Tokyo and the Consulates in Naha, Osaka-Kobe, Sapporo, Fukuoka and Nagoya are able to provide other valuable assistance to left-behind parents, however, including visits to determine the welfare of children. If a child is in danger or if there is evident abuse, consular officers will request assistance from the local authorities in safeguarding the child”s welfare.

IMPORTANT NOTE: In view of the difficulties involved in seeking the return of children from Japan to the United States, it is of the greatest importance that all appropriate preventive legal measures be taken in the United States if there is a possibility that a child may be abducted to Japan.

CRIMINAL REMEDIES

For information on possible criminal remedies, please contact your local law enforcement authorities or the nearest office of the Federal Bureau of Investigation. Information is also available on the Internet at the web site of the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention , at http://www.ojjdp.ncjrs.org. Contact the country officer in the Office of Children”s Issues for specific information.

New Law on Passport Applications for Minors:

On July 2, 2001, the Department of State began implementation of the new law regarding the passport applications for minor U.S. citizens under age 14. Under this new law, a person applying for a U.S. passport for a child under 14 must demonstrate that both parents consent to the issuance of a passport to the child or that the applying parent has sole custody of the child. The law covers passport applications made at domestic U.S. passport agencies in the U.S. and at U.S. consular offices abroad. The purpose of the new requirement that both parents’ consent be demonstrated is to lessen the possibility that a U.S. passport might be used in the course of an international child abduction.

Children’s Passport Issuance Alert Program (CPIAP):

Separate from the two-parent signature requirement for U.S. passport issuance, parents may also request that their children’s names be entered in the U.S. passport name-check system, also known as CPIAP. A parent or legal guardian can be notified by the Department of State’s Office of Children’s Issues before a passport is issued to his/her minor child. The parent, legal guardian or the court of competent jurisdiction must submit a written request for entry of a child’s name into the Passport Issuance Alert Program to the Office of Children’s Issues. The CPIAP also provides denial of passport issuance if appropriate court orders are on file with the Office of Children’s Issues. Although this system can be used to alert a parent or court when an application for a U.S. passport has been executed on behalf of a minor, it cannot be used to track the use of a passport. If there is a possibility that your child has another nationality you may want to contact the appropriate embassy or consulate directly to inquire about the possibility of denial of that country’s passport. There is no requirement that foreign embassies adhere to U.S. regulations regarding issuance and denial of passports. For more information contact the office of Children’s Issues at 202-736-9090. General passport information is also available on the Office of Children’s Issues home page on the Internet at children’s_issues.html.

The State Department has general information about welfare/whereabouts visits, hiring a foreign attorney, service of process, enforcement of child support orders, and the international enforcement of judgments, which may supplement the country-specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets (CIS’s) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If a situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CIS for that country, the Department of State may issue a Public Announcement alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning that recommends U.S. citizens avoid traveling to that country. These documents are available on the Internet at http://travel.state.gov or by calling the State Department’s Office of Overseas Citizen Services at (202) 647-5225. Many of these documents can also be obtained by automatic fax back by calling (202) 647-3000 from your fax machine.

Address Information – Correspondence and documents can be submitted to:

By FEDEX, DHL, Express Mail, etc.

Office of Children”s Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743

By Regular Mail*

Office of Children”s Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743

(*–As of February 2002, the State Department is experiencing considerable delays of at least three to four weeks in the delivery of regular mail due to mandated irradiation against harmful substances. We strongly recommend that important correspondence be sent by courier such as FEDEX, DHL, Express Mail, etc. to ensure prompt delivery.)

Tel: 1-888-407-4747 (Recorded Information, access to officers) or (202) 736-9090
Fax: (202) 312-9743
Internet: children”s_issues.html

Toll Free Hotline: Overseas Citizens Services in the Bureau of Consular Affairs (CA/OCS) has established a toll free hotline for the general public at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444. Persons seeking information or assistance, in case of emergency, outside of these hours, including on weekends or holidays should call 1-202-647-5225.

The OCS hotline can answer general inquiries regarding international parental child abduction and will forward calls to the appropriate Country Officer. For specific information and other services available to the searching parent, please call the Office of Children’s Issues public phone number at 1-202-736-9090 during normal working hours.

Complete original at:
http://travel.state.gov/family/abduction/country/country_501.html#
STATE DEPT. ENTRY ENDS

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

REFERENTIAL LINKS

CHILDREN’S RIGHTS NETWORK JAPAN
http://www.crnjapan.com/en/

SF CHRONICLE Aug 27 06: “CHILD CUSTODY IN JAPAN ISN’T BASED ON RULES”
https://www.debito.org/?p=23

Crnjapan’s Mark Smith:”Protest Against Japanese Postdivorce Child Abductions” in Portland, Oregon
https://www.debito.org/?p=196

Metropolis Magazine on J int’l child abductions
https://www.debito.org/?p=180

CRNJapan’s Mark Smith with linked articles on J divorce int’l child abductions
https://www.debito.org/?p=131

DIVORCE IN JAPAN–WHAT A MESS
https://www.debito.org/?p=9

https://www.debito.org/thedivorce.html
=======================================
ENDS

Asian Pacific Law Journal on Japan as haven for parental child abduction.

mytest

Hi Blog. I included this as part of my previous newsletter on Japan’s judiciary, but it warrants a blog entry all its own. Don’t want it to get buried.

From Mark at Children’s Rights Network Japan. Debito

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

I would like to tell everyone about a new law journal article about Japanese family law that is now available. It’s written by a law professor in Japan who himself has been through the family court system all the way up to the Supreme Court.

First sentence: “Japan is a haven for parental child abduction.”

Need I say more? If you are married to a Japanese partner and have children, its a must read, even at 100 pages. Look for it here:

http://www.hawaii.edu/aplpj/

IN THE BEST INTERESTS OF THE COURT: WHAT AMERICAN LAWYERS NEED TO KNOW ABOUT
CHILD CUSTODY AND VISITATION IN JAPAN
Colin P.A. Jones
Asian Pacific Law and Policy Journal
University of Hawaii
Volume 8, Issue 2, Spring 2007.

Happy Reading.
Mark

==================================
ENDS

Anti-money laundering measures snag tourists with traveller’s checks

mytest

Hi Blog. I cited Terrie’s Take this morning (see previous post on this blog) about Japan’s half-assed campaign to boost tourism in Japan. Was going to wait until tomorrow to put the following up, but a friend expressed an interest in Japan’s anti-money-laundering policies so tonight:

Debito.org’s been cc-ed in a number of interesting correspondences from complete strangers (thanks), with the following moral:

More phooey on Japan’s vaunted YOKOSO JAPAN campaign: tourists who need to cover a midsize a sum as thousand USD in costs (see letter from University of Kentucky’s Prof. Stradford below) are suspected of being money launderers (meaning Japanese banks will sell large demoninations of travellers’ checks, but then will not cash them unless you have a permanent address in Japan).

Long history of this. I’ve been snagged as far back as 2003 for suspicion of money laundering–for receiving as little as 5000 yen (as a donation) from overseas. Friend Olaf (a Permanent Resident) has been told to display his passport (not required of Japanese) for wanting to change a small sum of leftover USD to JPY. More on the Mission Impossible of getting better service from Japanese banks as a NJ here.

The good news is that Japanese authorities actually responded (and in a timely manner) to Professor Stradford’s inquiries. Good. Not sure if it resolves the situation any (travellers’ checks of that denomination are still just as useless), but at least someone tried to help.

I’ll promote this post to an “anti-discrimination template”–as it demonstrates that it does pay to complain when policies are idiotic. Here’s hoping things go smoothly for Prof. Stradford’s contributions to the Japanese economy. Arudou Debito in Sapporo

//////////////////////////////////////////////
From: stradfot@XXXX.edu
Subject: Travelers check problems that have begun in Japan
Date: July 6, 2007 3:58:17 PM JST
To: visitjapan@jntonyc.org;, info@jnto-lax.org, vjc@poem.ocn.ne.jp
Cc: debito@debito.org

Dear Sir,

Since the Yurakucho Office does not have an email address, I have to begin by sending a complaint on ‘the use of travelers checks in Japan’ to your offices, which are associated with the “Yokoso Japan” and “Visit Japan” campaigns.

Since the 1980s, the University of Kentucky has taken groups of 3 to 6 students to Japan each summer. We stay at hostels, business hotels, and yado which usually do not take credit cards in order to keep their costs low. However, this requires that we cash large amounts of cash to pay the hotel bills for 4 to 7 people, especially to cover weekend periods when banks and post offices are closed.

During this summer’s trip, I was unable to cash $1000 or two $500 travelers checks at a bank in a single day, as the banks have set a Y100,000 limit on cashing travelers checks in Japan. I was shown the new requirement that all banks were to observe this limitation beginning 1 January 2007. This is very strange as these same banks ‘sell’ $1000 denomination travelers checks to Japanese to use outside Japan. The only way to cash these checks was to show proof that you had a permanent address in Japan. What Japanese person or foreigner needs to use travelers checks in Japan? This is an indirect form of discrimination against foreign tourists, who are now considered untrustworthy to use large travelers checks. Luckily, on this trip I was able to find business people willing to take time out of their day to cash the checks for me at the banks and then give me the money.

Besides this insult, future trips in the summer are now under review to cancel, as there is no way that banks can be sought out everyday to cash small amounts, especially on weekends, or in places where banks and post offices do not exist, such as in Yasumiya on Towada-ko, or at Lake Toya, both places that we have stopped in the past.

We cannot raise the cost for the students just to stay in credit card hotels, and we are not going to limit our trip to only Tokyo and Kyoto, where at least the airport banks seem to disregard this new requirement.

If we cannot get enough cash to pay for hotels for 4-7 people over a weekend, then we will stop this trip.

Thanks for looking into this problem.

H. Todd Stradford
Associate Professor
University of Wisconsin Platteville
Platteville, WI 53818
Phone: 608.342.1674
Fax: 608.342.1088
http://www.uwplatt.edu/geography/japan
/////////////////////////////////////////////////

ANSWER FROM THE AUTHORITIES:

/////////////////////////////////////////////////
From: XXXXXXX@jnto-lax.org
Subject: Re: Travelers check problems that have begun in Japan
Date: July 7, 2007 10:48:08 AM JST
To: stradfot@XXXXXX
Cc: visitjapan@jntonyc.org, info@jnto-lax.org, vjc@poem.ocn.ne.jp, debito@debito.org

Dear H. Todd Stradford,

Thank you very much for your email. We did not know that this problem existed until you let us know today. First of all, I’m very sorry that this happened and that you had to waste time looking for business people to cash the travelers checks.

It is true that there was a law passed on January 4, 2007 that requires banks to confirm the identity of anyone (Japanese or non) making a deposit or money transfer of 100,000 yen or more. The same law has been passed in many other countries with the aim of preventing money laundering and the funding of terrorism. When I looked through the laws on the FSA website (http://www.fsa.go.jp/policy/honninkakunin/), it seems that you may have been treated unfairly, but I do not fully understand the laws myself so I will contact our headquarters and have them look into this further.

Please let me know the names of the banks that would not change your travelers checks for you (as much as you remember, city and branch name if possible).

Rest assured that we take your claim seriously, and will follow through until you get a satisfactory answer.

Best regards,
Christopher Bishop
********************************
Japan National Tourist Organization
515 South Figueroa Street, Suite 1470
Los Angeles, CA 90071
TEL: 213-623-1952
FAX: 213-623-6301
http://www.japantravelinfo.com
http://www.jnto.go.jp
********************************
ENDS

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

From: xxxxxxx@jntonyc.org
Subject: Re: Travelers check problems that have begun in Japan
Date: July 11, 2007 12:09:30 AM JST
To: stradfot@XXXXXXXXXX
Cc: visitjapan@jntonyc.org, info@jnto-lax.org, vjc@poem.ocn.ne.jp, debito@debito.org, XXXXXX@jntonyc.org, XXXXXXX@jntonyc.org, XXXXXXX@jntonyc.org

Dear Professor Stradford,

We are very sorry to hear your frustration regarding the lack of email access to Yurakucho’s office and the Japanese banking system. As you may know, Japan is still a very cash oriented nation. It may be more efficient to take advantage of ATM services. Starting July 11, 2007 Seven (Eleven) banks will provide ATM services. Seven Eleven convenient stores are located widely across Japan and this hopefully will aid you and your colleagues to retrieve cash. One can take out as much as 500,000yen per day. Please go to our website for more detailed information: http://www.japantravelinfo.com/news/news_item.php?newsid=33. We hope this information can help you. We are sorry for all the inconveniences caused regarding your travelers’ checks. Moreover, we hope that you can still send 4-7 people to Japan. Please do not hesitate to contact me at any point in time if you have any further concerns.

Kind regards,

Takae Ishizuka
Web & Marketing Specialist
Japan National Tourist Organization – JNTO
One Rockefeller Plaza, Suite 1250
New York, New York 10020

Tel: (212) 757-5641 Ext. 20
Fax: (212) 307-6754
“The East of Ordinary”
www.JapanTravelinfo.com
ENDS

Terrie’s Take on Tourism to Japan 2006

mytest

Hi Blog. Fascinating article from Terrie’s Take on Tourism to (and within) Japan. Debito in Sapporo

* * * * * * * * * T E R R I E ‘S T A K E * * * * * * *
A weekly roundup of news & information from Terrie Lloyd.
(http://www.terrie.com)
General Edition Sunday, June 17, 2007 Issue No. 425

Tourism is important for any country, both in terms of foreign exchange
earned and the goodwill that a delighted visitor shares with friends and
family once they get back home. Japan is no exception, and in 2005 the
nation earned about JPY55trn (US$45bn) in tourist yen, in addition to
the sector employing about 4.6m people. That’s about 10% of the GDP and
8% of the work force respectively. So when the country saw its
desirability as a tourist destination sink to around 45th place by
pollees in the USA back in the early 2000’s, it was no wonder that
then-PM Junichi Koizumi, famously declared a national goal of increasing
the number of tourists visiting Japan from 5.21m to 10m by 2010.

The government department in charge of increasing tourism was the
Ministry of Land, Infrastructure, and Transport, which came up with the
Yokoso Japan campaign. We fired arrows in Terrie’s Take at the campaign
when it was first announced, not least of which because “Yokoso” means
nothing to anyone who doesn’t speak Japanese — i.e., 95% of tourists.
The bureaucrats had a field day telling the Japanese public how they had
this great plan, but then the reality was that they allocated a trifling
amount, we heard a budget of just JPY350m, for marketing and chose
Dentsu over a number of better qualified foreign firms to conduct the
campaign. As a result, most of the Yokoso campaign has been little more
than local ads, in Japanese! Compare the piffling JPY350m with Hawaii’s
tourism marketing budget of US$38m (JPY4.5bn) a year, and you start to
realize that the Japanese government has no idea how to go about the
task of increasing visitor numbers.

Despite the government’s cheapskate efforts to focus marketing on
countries they think tourists should come from: mainly the USA, UK, and
other western nations, the number of visitors has in fact surprisingly
been rising — but from countries receiving very little attention (with
the possible exception of Korea) — Japan’s nearest neighbors.

Of the 7.33m tourists who visited Japan in 2006, up about 600,000 over
2005, 71% came from Asia. More than 2.2m people, or 29%, flew or ferried
in from South Korea, up 21% over last year. In second slot were 1.3m
Taiwanese, comprising 17.8% of total visitors, followed by 810,000
Chinese nationals and 820,000 Americans, comprising around 11.1% each.
The number of Chinese has soared 25% in just the last 12 months thanks
to an easing in the issuance of tour group visas from that country.
South Koreans and Taiwanese have had relaxed visa rules since 2005 and
the Aichi Expo, and this has substantially increased their numbers as
well.

You could think of the government’s fixation on the West as racial bias,
or more likely an indication of its inability to change its thinking on
who globally has money to travel these days. Friends in Kyushu tell us
that the locals there have no such illusions, and restaurants, souvenir
shops, tour companies, and hotels are quickly putting up Korean and
Chinese menus to cater for the surge of new tourists entering Japan for
a few days of comfort and pampering. Maybe in a few years time, the
Transport Ministry will be filled in by someone from the Japan Hotel
Association as to just who is really booking the hotel rooms every
weekend.

This same fixation with where tourists should be coming from also
permeates Japan’s big travel and hotel companies. We find it laughable
that traditional Japanese tour and accommodation operators are cutting
costs and services, and lamenting that their massive losses are due to
poor tourist numbers. And yet, Asia luxury hotels opening in the last
few months are running at capacity. Most likely the real problem for the
Japanese operators is that they need to start learning Chinese and not
English.

Our impression is that most western visitors to Japan today are young
budget travellers and they are here to taste some adventure and
alternative entertainment as much as temples and green tea. The
well-heeled wealthy Westerners that the government seems to be trying to
attract are in fact not even interested in Japan and instead are heading
for more exotic locations in China and Vietnam, where world-class
resorts and warmer beaches and oceans are to be found.

Now there is nothing wrong with backpackers coming to Japan — you can
make some money catering to them. Take the Hotel New Koyo in Minowa,
Nagano, for example, which charges just JPY2,500 a night for a single
room. The 76-room hotel is apparently 90% occupied by foreign
backpackers. Then there are the JPY3,000 – JPY4,000 a night capsule
hotels in Shibuya and Shinjuku — which are coming back into their own
as foreign travelers brought up on manga find them cheap, convenient,
and a great cultural experience.

But the fact is that you have sell a lot of rooms at this rate to match
the income from a single JPY70,000+ a night room at the Mandarin hotel
in the new Midtown complex in Roppongi. And the Mandarin is having no
problem filling those rooms — with both upscale Japanese and visitors
from elsewhere in Asia. The fact is that as living standards rise in
China, Korea, and Taiwan, those interested in traveling want to venture
not too far from their own borders, go somewhere safe and not too
challenging culturally, and enjoy great scenery, creature comforts,
food, and shopping.

For most Asians, that place is Japan, so they are flocking here as a
result. Forget about Western tourists.

Indeed, this contrast between western backpackers and Asian couples
touring Japan so as to enjoy a taste of a better life makes for a
telling contrast. The Mandarin, Conrad, and Peninsular (from September)
are just a few examples of swanky new Asian hotels that have been built
on faith and a vision of a better level of customer, and which are now
being rewarded for the investment risks taken.

Ironically, at the same time as this upscale market has been forming,
Japan’s largest hotel operator, ANA, last year entrusted its operations
to the Intercontinental group, then this year sold off many of its
properties to Morgan Stanley. It seems that the Japanese operators are
just not willing to re-invest in their own infrastructure to meet
international standards, nor to market properly to the overseas markets.
Now they’re paying the price for this timidity and lack of vision.

But is not too late to start upgrading. Jones Lang LaSalle said last
year that there were only 2,148 luxury hotel rooms, i.e., those with
average nightly rates of at least JPY30,000, in Tokyo. Even after an
additional 2,667 new rooms come on stream through to 2010, Tokyo will
still lag behind London which has 5,196 such rooms, Paris with 4,336
rooms, and New York with 3,754 rooms.

Not just hotels, domestic tour operators also suffer from the same
myopic vision of what their client base should look like and being slow
to invest to upgrade. Thus some of Japan’s most interesting and
attractive destinations have languished simply because foreign clients
can’t “access” (language, transport, and quality of accommodation) them
properly. Take Yakushima Island, Nagano-area skiing, Okinawa scuba
diving, and even shopping for arts and crafts outside Tokyo, for
example. All have potential. Temples in Kyoto are good fodder for
first-time visitors, but for the more sophisticated and repeat visitors,
they are clearly losing their pulling power.

Perhaps the biggest contribution that Japan could make to developing its
tourist industry would be to start appointing some bilingual foreign
nationals who represent the audiences of countries being targeted
(nationals of USA, China, Korea, Taiwan, UK, etc.) and to increase
incentives for local operators to upgrade their facilities and
offerings. There needs to be an understanding across the board that
Japan is unlikely to be successful selling itself as a low-cost
destination in Asia, and instead should rise to the challenge of
building a tourism support system that meets global standards for
comfort, convenience, and cultural interest. No more lame bureaucratic
visions of “what should be”, just realistic interpretation of the global
trends with the most valuable of Japanese traits — simplicity, quality,
and style.

There are plenty of good examples of foreigners already helping to
increase tourism flows into Japan, and doing it at a suitably
value-added level. Look no further than the 14,000 Australian skiers
visiting Nisseko each year, thanks to the efforts of two Australian
skiing pioneers, Ross Findlay and Glenn Goulding.

Lastly, we’d note that outweighing any foreign tourism segment is that
of the Japanese visiting their own nation. Over the lost decade of the
1990’s, domestic travel volumes plummeted dramatically as people
tightened their purse strings and it has really only been since 2004
that the numbers have started recovering. This year an estimated 21.5m
people traveled during Golden Week. As a result, and to help things
along, the government has said that it is planning to create in 2008 or
2009 a second “Golden Week” for Japanese workers.

Expected to occur in early November, the idea is to group Sports Day,
Labor Day, and Culture Day into a single week. The plan is that
salarymen will be able to take in two weekends, and get out of Tokyo
just as they did this year during Golden Week. The Dai-ichi Life
Research Institute reckons that the financial impact of a second string
of holidays would be high, with the average household spending an
additional JPY1.64trn (US$13bn), or about 0.7% of the current total
annual household budget…

EXCERPT ENDS

Yomiuri: Nikkei Brazilian cannot be probation officer due to Nationality Clause

mytest

Hi Blog. Justice Ministry exercising its typical administrative guidance–in this case making sure foreigners never exercise any power over Japanese. That includes NJ helping police their own, I guess. Just can’t trust NJ, no longer how long they’ve been here (below, the person denied a volunteer job has been in Japan sixteen years).

Case cites the Nationality Clause and the Chong Hyang Gyun Lawsuit defeat. Even though many local governments are now abolishing their Nationality Clause requirements. Just goes to show how closed-minded the MOJ is determined to be, even if it means they remove one means to deal with NJ/youth crime (which it has no problems citing as a scourge). Breathtaking bureaucratic foresight. Debito in Sapporo

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

Ministry: Brazilian can’t be probation officer
The Yomiuri Shimbun July 8, 2007

http://www.yomiuri.co.jp/dy/national/20070708TDY02008.htm
Courtesy of FG

SHIZUOKA–The Shizuoka Probation Office has given up its bid to appoint a second-generation Brazilian of Japanese descent as a probation officer after it received a Justice Ministry opinion indicating that foreigners may not be commissioned to exercise public authority, according to sources.

Probation officers are part-time, unpaid central government officials entrusted by the justice minister. The ministry said it is “problematic” to commission foreign residents as probation officers because some of their responsibilities involve exercising public authority.

About 50,000 Brazilian of Japanese descent live in Shizuoka Prefecture, mainly in its western part, where the manufacturing industry is prosperous, comprising one-sixth of the total figure of such foreigners in the country.

Among the cities in the prefecture, Hamamatsu is home to 20,000 Brazilians of Japanese descent–the nation’s largest number–and delinquency by Brazilian youth has become a problem.

Language barriers pose a hurdle when it comes to support the rehabilitation of delinquent young Brazilians.

In an attempt to tackle the problem, the Shizuoka Probation Office in April asked karate school operator Tetsuyoshi Kodama, a second-generation Brazilian of Japanese descent who is experienced in dealing with non-Japanese youths, to become a probation officer.

Kodama, 41, who moved to Shizuoka from Brazil 16 years ago, agreed, saying he wanted to contribute to the rehabilitation of Brazilian youths. He said he thought he could do this by approaching them in a different way than Japanese would tend to do.

But when the probation office contacted the Justice Ministry’s Rehabilitation Bureau to get approval for Kodama’s appointment, the ministry rejected the idea, saying it would be problematic to offer the post of probation officer to a foreigner because the exercising of public authority would be involved in cases such as when a probation officer informs the chief of the probation office if a youth breaks a promise with a probation officer, which could result in the chief applying for parole to be canceled.

According to the ministry’s Rehabilitation Bureau, it provided the opinion based on the opinion of the Cabinet Legislation Bureau in which Japanese citizenship is required for public servants who exercise public authority and make decisions that affect the public.

In January 2005, the Supreme Court gave a similar viewpoint in a lawsuit filed over the Tokyo metropolitan government’s refusal to let a foreigner take management position tests.

As for the qualifications required for a person to serve as a probation officer, however, there are no judicial precedents. An official at the ministry’s bureau said he had never heard discussions on whether to appoint a person without Japanese citizenship to a probation officer post.

According to the Shizuoka Probation Office, many foreign youths who are put on probation cannot speak Japanese. Probation officers have to communicate with them with the help of interpreters or their friends and family members.

Masataka Inomata, head of the Shizuoka Federation of Volunteer Probation Officers Associations, said: “Besides myself, there’s only one other probation officer who can speak Portuguese in the prefecture. It’s difficult to build trust with youths through a third party.”

(Jul. 8, 2007)
ENDS

読売:日系ブラジル人の保護司登用、法務省の「困難」見解で断念

mytest

日系ブラジル人の保護司登用、法務省の「困難」見解で断念
7月6日19時28分配信 読売新聞
http://headlines.yahoo.co.jp/hl?a=20070706-00000307-yom-soci

 静岡保護観察所(静岡市葵区)が、浜松市内の日系ブラジル人男性を保護司として推薦することを法務省に打診したところ、「保護司の業務は公権力の行使にあたり、外国人に委嘱することは困難」との見解を示され、推薦を断念していたことが6日、わかった。

 在日ブラジル人が多い同市などでは、ブラジル人非行少年らの更生支援にあたって、言葉の壁の問題が指摘されているが、こうした現場の要請に応えられない形となり、論議を呼びそうだ。

 静岡県内には、製造業が盛んな県西部を中心に、在日ブラジル人の6分の1の約5万人が暮らしている。特に浜松市には全国最多の約2万人が住み、ブラジル人少年による非行や犯罪も相次いでいる。
最終更新:7月6日19時28分

========================
コメント:ブラジル人非行少年を対処するために、上記の外国人ボランティアもこうやって拒否してもいいでしょうか。この日系外国人は日本に16年間も住んでいる(この記事に載っていないが、英語のバージョンをどうぞ)し、社会問題にも自分の技量を役立たせたいのですが、それでも当局は信用ができないですか。非行を認めて、効果的な対処法を認めず、どういうことでしょうか。
ends

H-Japan on New Multicultural Ordinance in Miyagi Pref

mytest

Hello Blog. Good news from the H-Japan mailing list. A new ordinance at the prefecutural level was recently enacted to promote multiculturalism in Miyagi Prefecture, home of Sendai. We’ll have to wait and see if this actually means anything in the future, but good news. Thanks to John Morris at Miyagi Gakuin Women’s University, Sendai. Arudou Debito in Sapporo

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

—– Original Message —– From: “H-Japan Editor”
To: Sent: Thursday, July 05, 2007 1:09 PM
Subject: H-Japan (E/J): Multiculturalism in Miyagi Prefecture

H-Japan July 5, 2007

From: “JFMorris”

Dear List Members,

The Miyagi Prefectural Assembly voted on 13th [June] to approve the
Ordinance to Promote Multiculturalism within the prefecture. This makes
the first step by any level of government within Japan to institute any
kind or level of law to promote multiculturalism within Japan, but the
event has gone totally unnoticed by the domestic media, so far as I can
tell.

I was able to attend the session of the Industry and Economy Committee
which was the committee responsible for handling the substantive
questioning concerning the bill. The LDP has a large majority withing
the Miyagi Prefectural Assembly, and the Governor himself is a former
member of the Self-Defense Force: hardly material for a radical approach
to politics. However, the questions from the Assembly members on the
committee were all essentially supportive of the bill. They covered
matters such as, would passing this bill provide a basis for a North
Korean-linked Performing Arts Group to use the Prefectural Hall (both
the Governor and the Mayor of Sendai have refused permission for this
group to use the respective “Kaikan”), and the member pressing this
question hoped that the bill might provide support for politically
unpopular people to use public buildings, and keep the right-wing
extremists in check. Another question asked whether this bill would help
improve the situation of the abandoned orphans returned from China
(中国残留孤児). Yet another came from a member from rural northern Miyagi; a
Korean bride within his constituency set fire to her house and family
and self last week, and he was concerned that the bill would help
provide support for foreign brides isolated within local communities.
The last question was rather a request, that when the committee to
implete the Ordinance is set up, that the prefecture takes care to make
sure that the committee members are not just “big names” but people
committed to making the Ordinance and its subsequent action plan work.
There was not question nor comment critical of the bill itself. In part,
this was due to very careful prebriefing by the prefectural bureaucrats
responsible for drawing up the bill. From my observations of the gist of
the discussion surrounding the bill, I would suggest that the bill was
acceptable to the assembly members because for them, the “gaikokujin”
(taken mcuh more broadly then its literal sense) seen to be the primary
target of the bill were not an abstract “other,” but real people
connected in various ways to the social communities which form the
assembly members’ electoral base.

Why Miyagi Prefecture, with registered foreign residents constituting
only 0.7% of the prefectural population has been the first place in
Japan to come up with some attempt to put “multiculturalism” (or 多文化共生
or whatever you wish to label it) on it legislative agenda can only be
explained as a whim of Asano Shirou, the former governnor, who came up
with this idea out of the blue and with no know prior consultation with
anyone remotely connected with existing tentative steps in this area
within the prefectural apparatus. However, that the idea has gained
support from the new governor and the prefectural assembly (voted
unanimously at all levels) cannot be explained as a mere whim by a
departing governor. Discussing the situation in Miyagi with a person
connected to the Shinjuku Tabunka Kyousei Sentaa, this person was
baffled as to why Miyagi (of all places) should come up with such an
idea, and why it should gain wide political support. According to this
person, in Shinjuku, where registered foreign residents account for over
10% of the population, inter-ethnic relations are coldly strained, and
“tabunka kyousei” is a very unpopular word with those of the local
population who know of it. I think that the reason the bill in Miyagi
did get through was precisely because the number of “gaikokujin” is
sufficient to make people generally aware of our existence, but that the
number is still sufficiently small, and still largely interconnected
with the existing community for our presence to be seen as “belonging”
to local society, rather than existing in antagonism (garbage, loud
music and crime?) to it.

Yours faithfully,
John Morris Miyagi Gakuin Women’s University, Sendai, Japan
ENDS

TPR on Kyuuma WWII remark, Cumings on DPRK, and Tawara on PM Abe’s Education Reforms

mytest

Hi Blog. Not necessarily NJ-rights related, but here are three recent podcasts I got a heckuva lot out of, and I think you might too.

One was released this very morning at online media station Trans Pacific Radio. Garrett DiOrio gave an editorial on the former Defense Minister Kyuuma’s remark about the atomic bombing at the closing of WWII (which led to his resignation). A remark, it might surprise you, I actually agree with.

So does Garrett. But it’s rare when I agree 100% with somebody’s writing, as I did Garrett’s editorial. At times I felt as if Garrett had put a tape recorder under my bed and listened to me talk in my sleep about this issue.

An excerpt:

======================================
Victimhood, though, is central to the denial argument. Claiming that the War was terrible and all who lived through it were victims together and that they should just try to move on is the only way the fact that it was the government of Japan that was primarily responsible for all of that suffering can be pushed into the background.

This Japan-as-victim mantra is so often repeated that it is as firmly a part of the canon of political correctness as more legitimate things such as the unacceptability of nuclear war and racism.

Back when much to-do was made over Minister Yanagisawa’s unfortunate “birth-giving machines” remark, I should have seen this dark side of political correctness rearing up its ugly head in Japan. Had people called for his resignation over his being part of a Cabinet with a deep disconnect with and disregard for the people of this nation, it would have made sense, but that wasn’t what happened. He said the wrong thing and it could have been sexist. That’s unforgivable.

Fumio Kyuma said something reasonable, if disagreeable. It could have been insensitive, though. More important, it violated the Japan-as-victim image Abe and other Diet members had worked so hard to maintain. After all, if the atomic bombs were unavoidable, that means something led up to them, which means the fact that those bombings were preceded by over thirteen years of war, in which Japan was the aggressor, would be dragged up all over again. That is not what the kantei wants, especially in the run-up to an important election.
======================================

This makes so much sense it’s scary. 20 minutes. Listen to, or read, the entire editorial at
http://www.transpacificradio.com/2007/07/06/in-defense-of-ex-defense-minister-kyuma-and-his-a-bomb-remark/

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

Another talk I got a lot out of is a February 11, 2004 talk by Bruce Cumings, a scholar of Korean history, entitled
“Inventing the Axis of Evil: The Truth about North Korea, Iran, and Syria”.

An excerpt:
======================================
…as the Iraq war was unfolding. One of the curiosities of the commentary about the occupation of Iraq is that the [Bush] Administration wanted to compare what was going on to our occupations of Japan and West Germany. Democracy was going to flower in Iraq just as it did in Japan and West Germany. The opponents of the war constantly referred back to the quagmire that was the war in Viet Nam, and with the exception of a couple of editorials that I wrote, I saw nobody ever refer to the occupation of South Korea. Many Americans don’t realize that well before the Korean War, the United States set up a military government in South Korea, and ran it from 1945 to 1948. It had a very deep impact on Postwar Korean history. There are many things about the Iraq Occupation that are directly comparable to our occupation of Korea…
======================================

It goes on to talk about how things went very, very wrong on the Korean Peninsula, the emergence of the DPRK, and how and why things to this day are pretty sour in the region (with some interesting KimJongilogy within). This issue matters to Debito.org greatly, as the GOJ uses the spectre of the DPRK on practically a daily basis to among other things justify its mistrust of the NJ community, denying the Zainichis the regular rights of multigenerational residency in Japan (such as voting in local elections).

45 minutes. You can download it from the U Chicago CHIASMOS website at:
http://chiasmos.uchicago.edu/events/cumings.shtml

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

The final podcast I’d like to point out to you is another CHIASMOS one: Tawara Yoshifumi, author and Japan Left commentator, on “Japan’s Education and Society in Crisis”, delivered May 17, 2007. As Secretary General of the Children and Textbooks Japan Network 21, Tawara delivers an excellent first half (the second half gets a bit bogged down in leftist boilerplate and education minutia) on what the Abe Administration is angling for with the LDP’s educational reforms: the resurgence of a militarized Japan, able to fight wars and project hard power onto the international scene.

Great food for thought, and there was even a question from the audience on the school grading of patriotism even for Japan’s ethnic minorities (which the questioner unfortunately assumed would only mean Koreans); the answer was, everyone who attends Japanese primary and secondary schools enforcing patriotic guidelines will get graded on love of Japan regardless of nationality or ethnicity; Tawara mentions to a case of a Zainichi Korean getting graded down.

An excerpt:
======================================
A source document of Mr Abe’s education reform is a report put out in December of 2000 by the National Alliance, of which the head is a Nobel Laureate in Physics, Ezaki Reona. And what Professor Ezaki says is that the question of schoolchildren’s abilities is a question of innate ability. It’s determined already for each child at the time of birth. It is something transmitted genetically. Consequently, a rational school policy would have all children’s blood tested upon their entry at school. And those who show genes which predispose them to learning effectively should be given the appropriate elite education. And the other children should be given an education that will promote their sincere attitude towards life…
======================================

2 hours and change. In Japanese with excellent consecutive English translation as always from Professor Norma Field. Download from:
http://chiasmos.uchicago.edu/events/tawara.shtml

Enjoy. I did. This is one of the advantages of cycling about 12 hours and 200 kms a week with an iPod on my shoulder. Listen while you exercise and give your mind a workout, too. Debito in Sapporo

Asahi Editorial: Tanaka Hiroshi on treatment of NJ workers

mytest

Hello Blog. Here’s one of the most important writers regarding NJ issues (particularly the Zainichi), Tanaka Hiroshi, getting an article in the most prominent public Op-Ed column in the Japanese press (although I can’t find the Japanese version of it anywhere–little help?).

Good. Again, it’s what we’ve been saying all along. More voices the merrier. Debito in Sapporo

======================================
POINT OF VIEW/ Hiroshi Tanaka: Japan must open its arms to foreign workers
07/03/2007 THE ASAHI SHIMBUN

http://www.asahi.com/english/Herald-asahi/TKY200707030068.html
Courtesy of Hans ter Horst

Japan, with its aging workforce, is facing a serious labor shortage that can only be solved by bringing in foreign workers. Even so, the country’s laws do not safeguard the human rights of these guest trainees and interns.

The government is attempting to change this situation, but in my view, its efforts lack focus.

Three arms of the government are making separate moves in this area.

The Ministry of Health, Labor and Welfare wants to treat foreign trainees as interns, so Japanese labor laws will cover them.

The Ministry of Economy, Trade and Industry proposes strengthening the screening process and penalties for maltreatment of foreign trainees and interns to improve working conditions and prevent human rights violations.

And Justice Minister Jinen Nagase seeks to establish a system whereby foreign workers can work only a maximum of three years.

To begin with, it is ridiculous to have three branches of government working separately to solve the same problem. This will only result in a tug of war over control.

What needs to be done is to establish a central policy office within the Prime Minister’s Office or the Cabinet Office, with its leader reporting directly to the prime minister.

In reality, there is a wide gap between how Japan deals with its foreign workers and the principles stated in official policy.

With the Japanese labor force in decline, the economy cannot be maintained without an influx of foreign labor. Despite this fact, the government is sticking with an outdated policy that limits the entry of unskilled foreign workers on grounds the practice could lead harm job security for Japanese workers.

At the same time, however, the government opened a back door into the job market, offering a fast track to visas for foreigners of Japanese descent and trainee and technical internship programs for foreigners.

These two loopholes enable unskilled foreigners to work in Japan. To date, about 350,000 foreigners of Japanese descent have come to Japan from Brazil, Peru and elsewhere to work in the automotive industry. Many are employed by subcontractors to the major automakers and other parts makers.

Instead of dealing squarely with them, the government has stuck with its “deceptive” policies. As a result, there are no protections in place to guarantee their human rights and labor rights. Since foreign workers are usually hired by brokers and dispatched indirectly, many employers fail to provide them with proper social insurance coverage.

Some workers even are illegally forced to hand over their passports to their employers, and others have been cheated of due wages. Such mistreatment has been reported in case after case, but nothing is done to prevent it.

I am working to resolve the educational problems faced by the children of foreign workers in Japan. Despite the rise in numbers of children attending Brazilian schools in Japan, these schools remain unaccredited. As such, they receive no government subsidies.

When revisions to the Fundamental Law of Education were discussed last year, not a word was heard about the right of immigrant children to an education or the government’s obligation to guarantee that education.

The government must squarely face these problems and create sincere policies to make the lives of our guest workers better.

Since the Japanese population is declining, the government needs to come out and make clear that we do need and value foreign workers. Once that is recognized, the government should examine which areas are lacking and estimate how many workers we need. It also should pass legislation to enable immigrants who complete Japanese-language training programs and vocational training courses to enter the workforce as full-fledged workers.

Some people worry that too many foreign workers would lead to lower wages for Japanese workers or steal jobs away.

If a foreign worker is more competent or better trained than a Japanese, then naturally they will get hired first.

But to assume that a foreigner should work for less than a Japanese is outright discrimination. And as long as the principle of “equal pay for equal work” is observed, the situation will not adversely affect the labor market.

The government’s passive attitude toward foreign workers shows how it remains unable to shake off its insular, Cold-War era mindset, one that pits people of one nation against another merely because they hold a certain citizenship.

This thinking leads us to set Japanese apart from foreigners.

We must accept people from other countries as “residents” and create a system to encourage them to participate in our society. Giving foreign residents the right to vote in local elections would be a step in the right direction.

For that, we need a system that encourages foreigners to settle in Japan, instead of one that treats them as temporary labor.

Japan needs to abandon its selfish attitudes and open up its closed society with firmly rooted policies.

* * *

Hiroshi Tanaka is professor specializing in the history of Japan-Asia relations at Kyoto’s Ryukoku University and a representative of a citizens’ group that works to support schools for foreign residents in Japan.(IHT/Asahi: July 3,2007)

Foreign Policy Mag etc. on GOJ and Constitutional Reform

mytest

Hi Blog. May seem only tangental to the bent of Debito.org, but Constitutional Reform (and the processes thereof) underpins everything, particularly the processes through which we work in Japan’s civil society, we try to get done here.

Constitutional reform has since gotten bogged down in the whole pensions scandals, and Abe’s decreasing popularity affecting late-July elections, so sawaranu kami. But if the Abe Administration continues, we should see more of what’s described below. Related articles follow. Debito

====================================
2007 June 1, Foreign Policy Magazine
Japan’s Revolution Is Far Too Quiet

By Bruce Ackerman, Norikazu Kawagishi
Posted May 2007
http://www.foreignpolicy.com/story/cms.php?story_id=3844
Courtesy of a reporter friend

Japan is on the cusp of a constitutional revolution. To an overstretched West, a newly muscular Tokyo promises stability in a rapidly shifting region. Yet, in its rush to overturn six decades of official pacifism, the Japanese government is stifling the serious national debate required in a modern democracy. Is anyone paying attention?

Japan’s pacifist Constitution has been frozen in time, unchanged since it was enacted during the occupation of U.S. Gen. Douglas MacArthur. But with little opportunity for debate, the Japanese parliament recently passed a bill that opens the door to major constitutional revisions. Western governments, overwhelmed by their security commitments around the world, have honed in on one preferred outcome-amendment of Article Nine, which prohibits Japan from participating in war and restricts the size and scope of its military. Their nearly exclusive emphasis on this point has obscured the deeply flawed process by which the changes are to be made.

The new law, pushed by the inexperienced Prime Minister Shinzo Abe, allows the government to hold a national referendum on proposed constitutional amendments. Rammed through parliament on a party-line vote, the Abe initiative has serious flaws.

Most importantly, it imposes drastic restrictions on freedom of speech. No political advertising will be permitted on radio or television during the two-week run-up to the referendum on proposed amendments. Worse yet, the law bans the nation’s schoolteachers from speaking out on the matter-as if a little learning were a dangerous thing when the nation contemplates its constitutional future. These restrictions have no place in a system based on the rule of the people.

But the government may have something else in mind. The new law fails to require a minimum turnout before any constitutional referendum becomes valid. By tolerating massive political passivity and imposing silence on broad sectors of civil society, the law sets the stage for a parody of democratic politics. The Constitution should not be amended by minorities marching to the polls under the guidance of entrenched political elites.

Some checks on abuse will remain. The Constitution inherited from the MacArthur era requires a two-thirds vote from both legislative houses before an amendment can be placed before the voters. This supermajority rule will necessitate a consensus from the political elite before any basic constitutional change could occur. But democratic principles require something more-a full and fair test of the consent of ordinary citizens. By restricting free speech and not mandating a minimum voter turnout, the referendum law falls short of this key requirement.

Western policymakers will find it easy to ignore this point. With NATO’s resources desperately overstretched, they are increasingly concerned with the revision of the famous “peace clause” of Article Nine. As they contemplate China’s rising power, a growing number of Western governments will be tempted to support the repeal of the peace article without serious questioning.

This would be a grievous mistake. Any attempt to repudiate Article Nine would generate large anxieties in the region, even if it is accompanied by flawless democratic procedures. But an effort by elites to ram repeal through a defective process will justifiably generate larger concerns about the future of Japanese democracy. It is one thing for a democratic Japan to return to the world stage as a normal military power; it is quite another for it to create a precedent for future assaults on its fragile constitutional heritage. In a fiercely nationalistic region with long historical memories, such a move could be extremely dangerous.

Abe is right about one thing: Japan’s move toward popular sovereignty is essential if the Japanese people are to take ownership of their own political destiny. The existing Constitution was largely drafted by American military lawyers and was never put up for approval by the people. Sixty years later, it is past time for modern Japan to move beyond the U.S. occupation and build a constitution worthy of its two generations of democratic practice. But this new law is the wrong way to start.

The referendum law does not come into effect for three years-time enough for public opinion, both inside and outside the country, to have an impact. Intent on repealing the peace article, the Abe government has pressed forward without a broad discussion of its larger constitutional implications. But it would be shortsighted for friends of the country to allow this silence to continue.

======================
Bruce Ackerman is professor of law and political science at Yale University.
Norikazu Kawagishi is professor of law and political science at Waseda University in Tokyo, Japan.
ENDS

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

Abe’s political problems mount as approval ratings sink
By Takehiko Kambayashi
THE WASHINGTON TIMES Published June 8, 2007

http://www.washtimes.com/world/20070607-105400-7630r.htm

TOKYO — With his approval ratings sinking, Japanese Prime Minister Shinzo Abe is embroiled in political and pension scandals and his Cabinet minister’s suicide.

Before heading to Heiligendamm, Germany, where he is attending the Group of Eight summit, Mr. Abe announced a plan to cut worldwide greenhouse-gas emissions in half by 2050. The prime minister, however, may need to prepare for a more impending firestorm: the upper-house elections next month.

Mr. Abe took office in September with popularity ratings of about 70 percent, but that number has steadily declined. An opinion poll released last week by the major daily Asahi Shimbun found that Mr. Abe’s approval rating hit a record 30 percent, while his disapproval rating reached a record 49 percent. Unlike his predecessor, Junichiro Koizumi, Mr. Abe has failed to attract independent voters.

Analysts attributed the drop to Mr. Abe’s weak leadership and to his handling of a string of political, financial and pension scandals.

In late May, Agriculture, Forestry and Fisheries Minister Toshikatsu Matsuoka, who was accused of bid-rigging and misuse of public funds, hanged himself before he was to face questioning in parliament. Mr. Abe consistently defended the minister while the opposition parties asked him to fulfill his responsibilities to make a full explanation.

“The responsibility of Prime Minister Shinzo Abe, who appointed Mr. Matsuoka as Cabinet minister and who defended him after suspicions were pressed, is not small,” the conservative Sankei, a paper usually sympathetic to Mr. Abe, said in an editorial. “This is a major blow to the Cabinet with upper-house elections around the corner.”

The public also was angered by the health ministry’s loss of records related to about 50 million pension cases. The beleaguered ruling coalition of the Liberal Democratic Party (LPD) and New Komeito steamrolled a pair of bills intended to resolve the problem.

Akikazu Hashimoto, a senior research associate at the National Graduate Institute for Policy Studies in Tokyo, said, “The pension scandal has only begun.”

“I would say that is a state crime,” said Mr. Hashimoto, who is a visiting professor at J.F. Oberlin University. The scandal “exposed the vulnerability of Japan’s bureaucracy and the fragility of its democracy, which has experienced virtually no transfer of power.”

Mr. Abe and some LDP members blamed Naoto Kan, former president of the Democratic Party of Japan, the largest opposition party, for the disappearance of the records because Mr. Kan once served as a health minister. Even other LDP members criticized the deflection of blame.

“It is the ruling LDP that had the responsibility to supervise the ministry,” Mr. Hashimoto said. “Mr. Abe lacks academic ability and the qualities of a leader.”

Meanwhile, the scandals have continued to unfold. On Wednesday, Health, Labor and Welfare Minister Hakuo Yanagisawa said in parliament that the Social Insurance Agency has yet to enter 14.3 million pension cases into its computer system.
ENDS

//////////////////////////////////////////////////////////////
 
The Rise of Japan’s Thought Police
By Steven Clemons, New America Foundation
The Washington Post | August 27, 2006

http://www.newamerica.net/publicati ons/articles/ 2006/the_ rise_of_japan_ s_thought_ police
Courtesy of Pat O’Brien

Anywhere else, it might have played out as just another low-stakes battle between policy wonks. But in Japan, a country struggling to find a brand of nationalism that it can embrace, a recent war of words between a flamboyant newspaper editorialist and an editor at a premier foreign-policy think tank was something far more alarming: the latest assault in a campaign of right-wing intimidation of public figures that is squelching free speech and threatening to roll back civil society.

On Aug. 12, Yoshihisa Komori — a Washington-based editorialist for the ultra-conservative Sankei Shimbun newspaper — attacked an article by Masaru Tamamoto, the editor of Commentary, an online journal run by the Japan Institute of International Affairs. The article expressed concern about the emergence of Japan’s strident, new “hawkish nationalism, ” exemplified by anti-China fear-mongering and official visits to a shrine honoring Japan’s war dead. Komori branded the piece “anti-Japanese, ” and assailed the mainstream author as an “extreme leftist intellectual. “

But he didn’t stop there. Komori demanded that the institute’s president, Yukio Satoh, apologize for using taxpayer money to support a writer who dared to question Prime Minister Junichiro Koizumi’s annual visits to the Yasukuni Shrine, in defiance of Chinese protests that it honors war criminals from World War II.

Remarkably, Satoh complied. Within 24 hours, he had shut down Commentary and withdrawn all of the past content on the site — including his own statement that it should be a place for candid discourse on Japan’s foreign-policy and national-identity challenges. Satoh also sent a letter last week to the Sankei editorial board asking for forgiveness and promising a complete overhaul of Commentary’s editorial management.

The capitulation was breathtaking. But in the political atmosphere that has overtaken Japan, it’s not surprising. Emboldened by the recent rise in nationalism, an increasingly militant group of extreme right-wing activists who yearn for a return to 1930s-style militarism, emperor-worship and “thought control” have begun to move into more mainstream circles — and to attack those who don’t see things their way.

Just last week, one of those extremists burned down the parental home of onetime prime ministerial candidate Koichi Kato, who had criticized Koizumi’s decision to visit Yasukuni this year. Several years ago, the home of Fuji Xerox chief executive and Chairman Yotaro “Tony” Kobayashi was targeted by handmade firebombs after he, too, voiced the opinion that Koizumi should stop visiting Yasukuni. The bombs were dismantled, but Kobayashi continued to receive death threats. The pressure had its effect. The large business federation that he helps lead has withdrawn its criticism of Koizumi’s hawkishness toward China and his visits to Yasukuni, and Kobayashi now travels with bodyguards.

In 2003, then-Japanese Deputy Foreign Minister Hitoshi Tanaka discovered a time bomb in his home. He was targeted for allegedly being soft on North Korea. Afterward, conservative Tokyo Gov. Shintaro Ishihara contended in a speech that Tanaka “had it coming.”

Another instance of free-thinking- meets-intimidati on involved Sumiko Iwao, an internationally respected professor emeritus at Keio University. Right-wing activists threatened her last February after she published an article suggesting that much of Japan is ready to endorse female succession in the imperial line; she issued a retraction and is now reportedly lying low.

Such extremism raises disturbing echoes of the past. In May 1932, Japanese Prime Minister Tsuyoshi Inukai was assassinated by a group of right-wing activists who opposed his recognition of Chinese sovereignty over Manchuria and his staunch defense of parliamentary democracy. In the post-World War II era, right-wing fanatics have largely lurked in the shadows, but have occasionally threatened those who veer too close to or speak too openly about sensitive topics concerning Japan’s national identity, war responsibility or imperial system.

What’s alarming and significant about today’s intimidation by the right is that it’s working — and that it has found some mutualism in the media. Sankei’s Komori has no direct connection to those guilty of the most recent acts, but he’s not unaware that his words frequently animate them — and that their actions in turn lend fear-fueled power to his pronouncements, helping them silence debate. What’s worse, neither Japan’s current prime minister nor Shinzo Abe, the man likely to succeed him in next month’s elections, has said anything to denounce those trying to stifle the free speech of Japan’s leading moderates.

There are many more cases of intimidation. I have spoken to dozens of Japan’s top academics, journalists and government civil servants in the past few days; many of them pleaded with me not to disclose this or that incident because they feared violence and harassment from the right. One top political commentator in Japan wrote to me: “I know the right-wingers are monitoring what I write and waiting to give me further trouble. I simply don’t want to waste my time or energy for these people.”

Japan needs nationalism. But it needs a healthy nationalism — not the hawkish, strident variety that is lately forcing many of the country’s best lights to dim their views.
ENDS

JTs on rackets for immigrant workers, runaway Trainees

mytest

Hi Blog. More information on how Japan exploits NJ labor for its own purposes. First Japan Today on how trainees are trying to get the hell out of a bad situation, then the Japan Times with more on these government-sponsored rackets.

Some important stats below. Probably still not enough for the academics to accept somehow “empirically” there’s a real problem out there, but heads tend to remain in the sand as long as possible on these things (especially to those for whom “problems” are not a matter of existence, but of degree; everything counts in large amounts, you see).

More on what I’ve said about this issue in the past here and here. Debito in Sapporo

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

Nearly 10,000 foreigners disappear from job training sites in Japan 2002-2006
JAPAN TODAY.COM/KYODO NEWS
Monday, July 2, 2007 at 05:00 EDT

http://www.japantoday.com/jp/news/411066
Courtesy Mark Mino-Thompson of The Community

TOKYO — A total of 9,607 foreigners, mostly Asians, ran away from job training sites in Japan between 2002 and 2006 in an apparent attempt to look for better working conditions elsewhere, according to the Justice Ministry’s Immigration Bureau.

The situation shows that the Japanese system of accepting foreigners to train as skilled workers has become mostly a ceremonial affair and, in reality, is just a mechanism for foreigners to work on lower wages.

The figures compiled by the bureau based on reports from those which accepted trainees showed that Chinese workers topped all other nationalities with 4,521 disappearing from training sites. The number accounted for 47.06% of the total.

Vietnamese were second with 2,674 or 27.83% and Indonesians third with 1,610 or 16.76%.

Runaway trainees totaled 1,376 in 2002, soared to 2,304 in 2003 and amounted to 2,201 in 2006. Former trainees illegally remaining in Japan totaled 3,333 as of Jan 1 this year. All others who disappeared earlier were said to have left Japan.

Some said that the situation that has resulted from foreigners escaping from their training places demonstrates that the flow of non-Japanese workers wishing to earn money in Japan has reached the level beyond the control of the trainee system which originally had called for Japan to offer foreigners three-years job training assistance.

They also said Japan is being pressed to make a clear-cut decision on whether it is ready to formally accept unskilled workers from foreign countries.

It has become a daily scene for foreign trainees working at town factories or on fishing boats across Japan, a fact that they have become a workforce that serves the need of Japan and that the domestic industry cannot operate without them.

However, there are no well-defined stipulations concerning trainees’ wages and rights because they are not considered workers for the first year after entering Japan. Their stay in Japan is limited to three years, including the period they spend undergoing hands-on experience.

About 26,000 trainees have gone to Japan as trainees since 1993 under Indonesian government supervision and 1,775 of them ran away from their training sites while 1,577 others returned home without completing training. The largest number of runaway trainees was seen when 53 of 76 trainees who left Indonesia on July 8, 2002 disappeared.

Indonesian government officials said trouble with Japanese hosts who accepted them for training may have been the biggest reason for their disappearance.

A sense of alienation between the reality confronting trainees and the system that allowed them to be in Japan has led to a number of incidents recently.

Police unmasked a case in Okayama Prefecture involving a group of Indonesians who allegedly smuggled themselves into Japan using fictitious names and seeking a long-term stay as trainees. Some other trainees filed suits with courts in Aomori and Aichi prefectures seeking unpaid wages.

Such cases do not remain mere individual problems since the flow of workers is connected to economic globalization aimed at eliminating barriers between nations that shun human movement.

As a trading nation, Japan is trying to press ahead with the conclusion of free trade agreements with Asian countries and member countries of the Association of Southeast Asian Nations and to earn profits by exporting tariff free goods, including high performance industrial products.

On the other hand, it is natural for a country like the Philippines, which cannot manufacture industrial products strong enough to compete with made-in-Japan goods, to send something that it does have an edge in over Japan.

In fact, the two countries are planning to open the path for Philippine nurses to work in Japan based on an economic partnership agreement. (Kyodo News)

======================================
MEDIA MIX
Immigrant workers in Japan caught in a real racket
By PHILIP BRASOR
The Japan Times Sunday, July 1, 2007

http://search.japantimes.co.jp/cgi-bin/fd20070701pb.html
Courtesy Ron Beaubien of The Community

The debate over whether Japan should allow foreign workers in to make up for current and future labor shortages is dominated by the so-called foreign trainee program, which is overseen by the Japan International Training Cooperation Organization (JITCO). The program is itself the subject of a debate, which boils down to the age-old Japanese dynamic of honne vs. tatemae.

The tatemae (given reason) of the program is to bring workers from developing countries to Japan to learn Japanese techniques that they can later put to use back home. The honne (real reason) of the program is to legally let small and medium Japanese companies import cheap labor. According to a recent series of articles in the Asahi Shimbun, the Japanese public for the most part still buys the tatemae explanation, even though the media has been reporting for years that many foreign trainees come to Japan for the express purpose of making money.

As with most controversies that don’t touch directly on the lives of average people, the only related news that makes an impression is the sensational kind. In August of last year, a 27-year-old Chinese worker killed an official of a Chiba training center. The details of the case, which is now being heard at Chiba District Court, point to a much more complex situation than that which the media originally reported.

The defendant was a plumber in China who made the equivalent of 7,500 yen a month, and his purpose in coming to Japan was to earn a lot of money in a short time. However, because of trainee program rules, he wasn’t able to work and earn as much as he hoped, and he went on strike, demanding that he be allowed to work overtime at the pig farm where he’d been placed. The official in charge of the training center that brought him to Japan responded by trying to have him deported. In a fit of anger, the worker killed the official and injured two others.

According to his lawyers, in order to come to Japan to “receive training,” the defendant had borrowed more than 1 million yen in order to pay the security deposit, transportation costs, and various non-refundable fees associated with the assignment. He thought he could pay back the debt quickly by working overtime, but according to JITCO regulations a trainee is not classified as a worker for the first year. Since normal labor laws do not apply to foreign trainees until the second year (when they become “interns”), they can be paid less than the minimum wage.

Most people believe that potential trainees pay their fees to brokers in China, and they do. But according to the Asahi, the worker on trial paid his fees to the Chiba training center, which has set up its own dispatch company in China to recruit trainees. Though such a system turns the training center into a broker at best and a trafficker at worst, there is no specific JITCO rule that says dispatch companies cannot profit from trainees.

For tatemae purposes, businesses cannot directly request foreign workers from JITCO. They must go through local organizations, which are usually trade or industry associations. Each of these groups pay JITCO 100,000 yen a year, while each member company pays 50,000 yen a year. In a June 1 article, the Mainichi Shimbun reported that 925 such organizations comprising 9,857 companies paid these fees to JITCO in 2001. By 2005 the numbers had increased to 1,493 groups and more than 17,000 companies. JITCO’s revenues for 2006 topped 1.2 billion yen, which is why its budget from the government has been steadily decreasing.

The Mainichi contends that as JITCO has become more self-sufficient, it has taken on the culture of a private company. Some industry officials told the newspaper that as more associations join, JITCO feels it has to treat them as “customers,” which means JITCO is more likely to look the other way with regard to common illegal practices such as confiscating trainee passports and 14-hour work days. One employer said appreciatively that JITCO calls him beforehand to tell him when they are coming for a surprise inspection.

JITCO has even set up an insurance system with 11 major companies that brings in about 100 million yen annually. Workers pay premiums of 27-37,000 yen a year. The average “allowance” for first-year trainees is 66,000 yen a month.

A racket by any other name wouldn’t smell as sweet. JITCO was originally the brainchild of five different government ministries that have filled its staff with retired bureaucrats ever since. Three of these ministries seem to have realized that the program’s real raison d’e^tre has become too obvious. The justice ministry wants to get rid of the trainee system and allow foreign workers into Japan for limited periods, while the Ministry of Economy, Trade and Industry and the health ministry want to keep the system and merely give it a tweak.

Missing from the debate are the workers themselves. The irony is that there are foreign trainees who join the program because they really want to acquire skills, but most of them end up performing manual labor on farms or in factories. Regardless of their intentions, the workers always lose. If they want to earn a lot of money, the system denies them the opportunity to do so; and if they want to come to learn a skill, the system is not equipped to do that, either.

For balance, the Asahi interviewed the director of a sewing industry association in Hiroshima that receives trainees. He says his program genuinely transfers skills to developing countries, but he also insists that the foreign trainee system is “indispensable” to small Japanese companies. Without it, these companies would be forced to move overseas. It sounds like a threat, but what’s the difference between using cheap foreign workers in Japan and using them in a foreign country? The difference is that in Japan you can make more money off of them.

The Japan Times: Sunday, July 1, 2007
ENDS

Eric Johnston on NOVA and the Eikaiwa Industry

mytest

Hello Blog. About two weeks ago I sent mailing lists on Debito.org a request for information from Eric Johnston, Osaka Bureau Editor for the Japan Times, regarding NOVA and the Eikaiwa industry. Here’s a thank you he asked me to forward, and how the article turned out. Old news, but still very interesting. And it has the potential for shaking up the pretty rotten (both for consumer and for worker) Eikaiwa market in Japan. Debito in Sapporo

============================================
Subject: From: Eric Johnston –Thanks and a request for posting
Date: June 27, 2007 5:31:57 PM JST

To: List Members of Debito.org

Thanks to all who took time out of your busy schedules to answer my questions for the piece on NOVA and chain schools. I received lots of good advice to pass along to potential students, and learned quite a bit about how professional educators view the chain schools today.

The piece, coming out soon, will very much be a “news-you-can-use” type article. It’s aimed towards our younger Japanese readers, perhaps those in college or on their own for the first time in their lives, who are thinking about studying at a chain school. Much of the advice you’ll see in the article is simply common sense. But, as Will Rogers said, common sense is not so common, and good advice bears repeating.

Best, and again, thanks so much to everyone who wrote to me.

Eric Johnston
The Japan Times
Osaka bureau

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

Study the school before studying English
The Japan Times June 28, 2007
By ERIC JOHNSTON, Staff writer

http://search.japantimes.co.jp/cgi-bin/nn20070628f1.html

OSAKA * Thinking about studying English at a private school chain? If so, proceed with caution and know what you’re getting into, say university English professors, teachers union representatives and the English-language schools themselves.

Their comments follow a recent scandal involving Nova Corp., which has cast a spotlight on the business practices of the “eikaiwa” English conversation industry.

Earlier this month, the government slapped the industry’s top company with a six-month ban on new customer contracts due to its deceptive practices, including distributing pamphlets that claim students can schedule classes at any time or branch, when in fact there was a shortage of teachers at times of peak demand.

Branches were also allegedly reneging on contract cooling-off period reimbursements.

Many academics warn that the primary purpose of the schools is not to provide an education but to offer a form of entertainment.

“At best, these chain schools are hit and miss. If they get a good teacher, they’re lucky and it’s worthwhile attending. If not, then it’s a ripoff,” said Rube Redfield, a longtime English instructor who teaches at Osaka University of Economics.

“I also tell them that if they find a good teacher, to take his class right away. Good teachers soon leave such places for better places, if they stay in education at all,” he added.

Many potential students are aware some schools are more about entertainment than education, and are more interested in having a good time and meeting new friends than in serious study. But the more naive students also don’t always realize that such schools have basically the same kind of mentality toward their customers as one sees in the “water trade.”

In Japan, the water trade, or “mizushobai,” refers to hostess bars and other forms of adult entertainment business.

The phrase carries the negative image of an industry bent on doing anything to earn quick money.
“I tell my students that the entire eikaiwa industry is a kind of mizushobai industry, and that the motives of those involved, including the customers, should be judged accordingly,” said Charles DeWolf, a professor at Keio University in Tokyo.

Such naive students are often lured into conversation schools by fast-talking salespeople who offer pie-in-the-sky promises of language fluency with little effort and within a short period of time, and are often clueless as to how much work is actually involved in becoming fluent.

“If you bought three years of tickets, were at a large school, got to know and choose your teachers, went every day, did all your homework and stayed in the chat room for long periods, your English would improve and it would be value for money. Otherwise, it’s not,” said Simon Moran of Osaka-based Modern English, a small chain of schools.

Despite the industry’s negative image often associated with consumer fraud, however, some efforts are being made to set ethics guidelines.

The Tokyo-based Japan Association for the Promotion of Foreign Language Education is a group of more than 60 large and small foreign-language schools nationwide. Established in 1991, its purpose is to provide member schools with business ethics guidelines and to offer practical advice to those seeking to learn a foreign language.

“We tell potential students to do as much research on schools as possible before they sign up. What’s most important for anybody who wants to learn a foreign language is to have a very clear idea of why they want to study,” said Masami Sakurabayashi, the association’s director.

“In addition, it’s vital that students, especially those who are young and on their own for the first time, understand and appreciate a contract’s legal ramifications and the obligations they are entering into. Don’t sign anything you don’t understand,” he warned.

Louis Carlet, deputy general secretary of Tokyo Nambu, one of the largest foreign teachers unions in the country, seconded that advice and added that serious students should not only look at schools but also at the working conditions of the teachers.

“It’s generally true that job security equals quality of education,” he said.

Despite a general agreement that the vast majority of students are not likely to become extremely fluent by just studying at a private school, some still see educational merit in signing up for lessons.

“Although there are many cons to their operations, private language schools often have classes of only three or four students, as opposed to classes of 40 like I teach now at university,” said Nara-based Paul Hackshaw, who teaches at Ryukoku University and Kyoto Women’s University.

Students often join an English school to meet and speak with people from a foreign country. But, as many English teachers in both private schools and universities point out, if meeting foreigners and learning English informally is your goal, there can be other, cheaper ways to do so, ranging from participation in international clubs to free language exchange meetings through local international exchange centers.

Thus, in this day and age, and especially if you live in an area of Japan with a modest population of foreigners, English schools are simply another way to learn English, and not necessarily the best or cheapest way. Let the buyer beware.

For related stories:
Nova dealt penalty for deception
http://search.japantimes.co.jp/cgi-bin/nn20070614a1.html

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

SIDEBAR
Before you hand over any money for English lessons, take these tips

University English professors, people working at chain schools, union representatives and former students offer the following advice for people interested in studying English at private-language schools:

— Are you serious about becoming fluent or are you interested in just picking up a few words and phrases? If it’s the former, a school may be worthwhile. If it’s the latter, decide if your time and money may be better spent elsewhere. Alternatives for the casual learner include Internet lessons, self-study guides or finding either a private tutor or free language exchange partner through a municipal international exchange center.

— Have a strong idea why you want to study at a school, and set fluency goals for yourself. Be prepared to put in the time and effort it takes to reach your goal and create a plan to meet that goal. Otherwise, it’s highly likely you will quit halfway through.

— Identify and visit those schools you think are best suited to your goals and personality. Ask to sit in on a lesson that is in progress, as this will give you a better idea of what the school’s lessons and classroom atmosphere are really like, as opposed to signing up for a free trial lesson, which may not be representative of how the school works.

— Ask each school why students study there, and determine whether their goals are the same as yours.

— Ask the sales staff what professional qualifications the teachers have. Do they have master’s degrees or teaching certificates? How long have they been in Japan? How long have they worked as English teachers? Can they explain things in Japanese if necessary?

— Ask the sales staff about their own English-language speaking abilities, including how long and where they studied.

— Ask to speak to a teacher, one on one. Ask the teacher what texts are being used, how they teach and whether any extra investment in outside learning materials is necessary. If you are a low-level speaker of English, ask your questions in Japanese and see if the teacher understands you.

— When possible, consult beforehand with university professors of English, former students, foreign friends and those who use English on a regular basis, and ask them if they know about the school or its reputation. Check the English-language and Japanese media and see what has been reported about the school.

— If you don’t understand the contract 100 percent, don’t sign it.

— Find out what unions represent the teachers at the school you are interested in, and ask them about the school’s reputation.

ARTICLE ENDS

毎日等:静岡県袋井の自治会がブラジル人転居反対・土地購入を断念

mytest

ボログの愛読者、おはようございます。今回の記事に出た人はかわいそうで、政府レベルの救済制度は相変わらず足りないのは過言ではありません。
//////////////////////////////////////////////////////////

人権侵害:ブラジル人引っ越し「拒否は不適切」 法務局、自治会班長に説示/静岡
毎日新聞(静岡版)2007年6月29日
http://www.mainichi-msn.co.jp/chihou/shizuoka/news/20070629ddlk22040111000c.html
s-watchメーリングリストへ感謝

 日系3世のブラジル人男性が袋井市内に引っ越そうとした際に自治会の住民が
拒否したのは人権侵害にあたるなどとして、静岡地方法務局が、自治会班長らに
対して自戒を求めて説示していたことが28日までに分かった。自治会関係者は
「外国人のいない昔からの集落で、トラブルが心配だった」と話している。

 関係者によると、06年4月、男性が袋井市長溝に家族で暮らす一戸建て住宅
用の土地約200平方メートルを購入しようとした際、不動産会社が近隣住民に
「ブラジル人が土地を買う」と通知。自治会の班長が12集落の意見を聞いて3
分の2の賛成で受け入れない方針を決めた。その後、土地購入が破談になった男
性が法務局へ訴えたという。

 法務局は、班長に対して「外国人であることを理由に土地購入を歓迎しない意
向を示したのは不適切。今後繰り返さないように」、不動産会社には「外国人が
買うことを住民に通知してはいけない」と説示した。説示には法的効力はない。

 ある自治会の男性は「ブラジル人がすべて悪い人だとは思っていないが、最近
はブラジル人の犯罪をよく聞くので、入った後に問題が生じるのは避けたかった」
とする。不動産会社は「知らせないとトラブルがあった後に住民から会社のせい
だと言われる。今後通知はしないが何かあったときの責任は法務局が負うという
ので任せたい」と話している。【竹地広憲】
毎日新聞 2007年6月29日
//////////////////////////////////////////////////////////

クイックコメント:これから前向きに家に投資するぐらいの溶け込もうとする外国人はどーしても隣人から「犯罪者扱い」になりますか。このイメージの蔓延には責任は警察署などにはありませんか。
ikutakukeisatsuJune07.jpg
(07年6月、車の窓グラスに置いておいたチラシより)
念のために、もう一つの記事を。有道 出人
//////////////////////////////////////////////////////////

袋井の自治会がブラジル人転居反対 土地購入を断念
中日新聞(静岡版)2007年6月29日
http://www.chunichi.co.jp/article/shizuoka/20070629/CK2007062802028191.html

 袋井市在住で永住許可を持つ日系ブラジル人の30代男性が、市内に新居用の
土地を買おうとしたところ、地域住民が反対し、土地購入を断念していたことが
分かった。男性の知人によると、男性は「まじめに生活しているのにがっかりし
た。外国人を差別しないでほしい」と訴えている。

 知人によると男性は、妻と子ども1人の3人家族。数年前から同市内の市営団
地で暮らし、2002年に永住許可を取得した。同市内に一戸建ての家を建てよ
うと06年4月、磐田市内の不動産会社の仲介で市内の土地(約200平方メー
トル)を紹介された。契約前に不動産会社が「土地の購入者はブラジル人」と地
元自治会に伝えたところ、住民が反発。住民は会合を開いて、男性家族の転居反
対を決めたという。

 男性は、知人と一緒に静岡地方法務局袋井支局に相談。同支局は事実を確認し、
今月6日までに同自治会と不動産会社に「人権侵犯の事実にあたる」と説示した。

 法務局人権擁護課の大橋光典課長は「プライバシーにかかわる問題なので、詳
細はコメントできない」としながらも「差別があったとしたら、地域住民への啓
発など必要な措置を検討したい」と話している。
ENDS

J MSDF demoting military officers with NJ spouses (UPDATED)

mytest

Hi Blog. We’ve heard rumors of this before in the past, and it turns out they were true: Imagine the uproar that would ensue in the US if the US military or State Department (with their high numbers of international spouses) were to engage in these sorts of practices–treating their employees as untrustworthy because they married foreigners, naturally all suspectable as spies! Debito in Sapporo

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

MSDF officers with foreign spouses to be moved from sensitive posts
Japan Today, Thursday, June 28, 2007 at 05:00 EDT

http://www.japantoday.com/jp/news/410685
Courtesy of Ben at The Community and Ken at Trans Pacific Radio

TOKYO — The Maritime Self-Defense Force plans to move officers with
foreign spouses away from posts with access to military secrets after
sensitive data was leaked through an officer with a Chinese wife, the
Sankei Shimbun reported Wednesday.

The MSDF will start the transfers from Aug of 10 officers who are
married to non-Japanese nationals and who have access to high-level
military secrets. The paper said the move is aimed at protecting
military secrets in the wake of an embarrassing leak of confidential
information on the U.S.-developed high-tech Aegis combat system, the
conservative daily said.

About 150 officers out of a total of 40,000 are married to foreign
nationals, according to the daily. Of them, 100 are Chinese, it said.

A 33-year-old petty officer allegedly obtained confidential data on
the Aegis system without authorization. The leak came to light after
the officer’s Chinese wife was arrested in January for a visa
violation.

However, an unconfirmed newspaper report later said the leak may have
occurred by accident when the officer was swapping pornography over
the Internet.

ENDS
========================================

UPDATE JULY 3 2007. FEEDBACK FROM CYBERSPACE, ANONYMIZED:

First of all naturally I’d like to thank you for your
website over the years. Being in a lower class
position in Japan and often singled out not only for
the usual xenophobic pressures we encounter here but
also for my subcultural status your website has long
been a necessary resource.

I was writing today to alert you of something
disturbing I recently encountered with regards to the
Japanese self defense force. This might be something
you’re already aware of or have written on within the
website (I attempted to search but honestly… there’s
simply too much there to be sure I covered
everything). My current spouse is in the SDF and
the other day I learned a very disturbing fact about
the nature of our relationship — when he is on base
and when he talks to his military associates I am
Japanese.

The reason for this he says is a very old rule in the
SDF that members are not allowed to fraternize with
foreigners. Period. And that while the penalty for
him is negligible (normal disciplinary action, which
judging from the times he’s stayed over late and
arrived late at base can’t be that bad) his violation
of this rule could bring the military police to my
doorstep for interrogation and a search and seizure of
my electronic equiptment. He believes it’s more
doubtful as I’m non-Asian but says this has happened
recently with the Chinese wives of SDF personnel.

Naturally, I’m a bit angry about all of this. I can’t
blame my spouse — like I said, my friends are in
the low class spectrum and the benefits and pay for
the SDF really outweigh a lot of the problems, very
similar to the argument for many military outfits.
However on the broad scale of institutionalized racism
this digs under my skin. I’m a national security risk
because I’m not Japanese? My spouse couldn’t cite the
wording of the law but I’m curious — how are second
and third generation citizens perceived? It’s the
grey “gaijin” box again.

This situation with him I find sadly comical. Already
he has to keep large parts of his hobby at my house
lest his superiors think he’s a communist out against
the emperor and now with me he has to leave all his
photos of me at my house. On his cell phone he uses
the Japanese version of my name for my information and
my e-mail address is kept anonymous like all these
english texts are from some stranger with no
connection. A bit depressing.
========================================
ENDS

UPDATE June 27: My week speaking in Tokyo and facing the madding crowds

mytest

UPDATE JUNE 27, 2007
TOKYO TRIP, SIX SPEECHES IN AS MANY DAYS

Hello Blog. I’ve left you fallow for a week now, my apologies. I’ve just come through what is probably my busiest speaking schedule yet. I gave what amounted to six speeches in as many days, all of them brand new, with Powerpoint presentations in two languages. Phew.

Backing up a bit on the timeline, I have had an incredible June, in the sense that there was no letup. From my mind-blowing trip to the USA and my Cornell 20th Reunion, where I discovered that bullying can become trans-generational (https://www.debito.org/homecoming2007.html), to coming home with jetlag only to be smacked by a car while riding my bicycle to work (https://www.debito.org/?p=453 –finding myself still able to cycle and walk but not climb stairs unassisted for awhile), I’ve had to deal not only with hospitals and insurance companies, but also deadlines that were constantly nipping at my heels. Finish one speech, start preparing another. Every day for about a week.

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

Early on Tuesday morning June 19, I finally started the paper I would be delivering on Friday and Saturday at Waseda University and the 2007 Asian Studies Conference Japan. Topic? Immigration’s effects on Japan, and how lack of governmental oversight has created Frankenstein’s Monster in the labor market. By Tuesday evening, I had pounded out seventeen pages with footnotes and references, and by Wednesday night I was on my third draft and 19th concluding page. I was still writing it on the plane down to Tokyo the next day, and by Thursday evening the fourth and final draft was finished (see it at https://www.debito.org/ASCJPaper2007.doc). I forwent catching up on any Internet or blogging, getting started on my concomitant Powerpoint presentation right away before any sleep (speeches I do nowadays are never only just reading from a printed document anymore; I find using Powerpoint to create visuals from the computer, instead of the Mind’s Eye or the OHP, to be very effective. Sadly, this means my workload is doubled.) Staying with friends Leisa and Stephen Nagy, I found myself striking a decent (but slightly worried) balance between being social, and wondering if I hadn’t taken outdone myself by saying “yes” to everyone who asked me to speak on this trip.

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

So Friday morning June 20, I went to Waseda early and used the graduate student facilities to pound out my Powerpoint in four hours (see it here at https://www.debito.org/japansmulticulturalfuture.ppt). I gave my speech to several grad students (even the American Embassy showed, thanks), and found that the presentation (with questions from the audience during) stretched what had to be a 20-minute talk into well over an hour (which earned tuts from timekeeper Stephen). A couple of grad students said I lacked data (naturally, the Powerpoint is a capsule summary; I suggested they download and read my whole paper), and one asked what percentage of Non-Japanese workers have working conditions as bad as I was citing from the newspapers.

I answered that it’s not a matter of degree–what percentage of exploitation and slavery by nationality would be the proper threshold for saying the system needs improvement? 1%? 5%? 20%? And anyway, we’ll never get reliable stats on this topic when many workers, legal or illegal, won’t come forward to bad-mouth their bosses or get deported. It’s like trying to guestimmate the amount of rape or DV in a society. To me it’s a red herring anyway, since horrible work conditions, even child labor and slavery, being inflicted upon even one laborer in Japan is too many. It’s illegal, too, but poorly enforced–both created then left to forge its own cruel realities by our government.

Anyway, yes, I didn’t have that data, and I could sense the glee in the grad students’ eyes. Gosh, they got me, the big bad speaker who for some reason needed to be shown he’s not all that smart or impregnable, without discussing the problems brought up. Such is one weak spot of academia. Not only does the “dispassionate view” that the academic must take suck the humanity out of issues of human rights, but also the trauma inflicted upon the researcher, suffering constant supervisor and peer vetting of theses in the name of “rigor”, creates a pecking order of nitpicking questions and data for data’s sake. After all, in an arena like this, it’s always seen as better to have data than not, right?, even when it’s irrelevant. “I don’t know” (rather than the consideration of “it doesn’t matter”) in a forum like this becomes an unforgivable weakness.

Then, ironies upon ironies, right afterwards I went to a series of lectures at Waseda on “Cool Japan”. There we had people discussing the intricacies of candles on the heads of certain manga characters, and musings on how Pokemon creates a self-actualizing world for children. Culture vulture stuff, nonrigorous hooey, but received with heavy-lidded adulation out of politeness. Lousy Powerpoint too. Left early.

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

Saturday June 23 was the Asian Studies Conference Japan at Meiji Gakuin University, and quite frankly, I found few papers all that interesting (and even fewer papers available for reading–made me wonder why I tried so hard to get my paper done on time). Some stuff on disaffected youth made me think, but nothing made me blink. And I used some of the time in droning presentations to whittle down my upcoming Powerpoint presentation to its bare essentials. Our roundtable (which had been gratefully preserved by people despite having one of our panelists drop out) had the torture of doing five papers in a two-hour period; each person got 24 minutes including Q&A. Stephen clocked in at 21 minutes with his interesting presentation on the official openness of local governments in different Tokyo Wards towards NJ residents (Adachi-ku sounded pretty progressive, whereas Shinjuku-ku ironically didn’t care–in fact was disinclined to see foreign residents as much more than a potential source of crime). Then I stampeded through my 35 slides and clocked in at 23 minutes just. We had a full house, no questions about data or lack thereof. Probably no time, alas.

Evening was spent catching up with old friends Ken, Garrett, and Alby from Transpacific Radio (http://www.transpacificradio.com –I’ve asked them if they’ll let me read the news sometime), plus newfound friend Aly who surfaced from the Internet to tell me about his woes getting stopped by the police all the time in Saitama (it’s getting worse; the cops apparently target foreigners more than the increasing number of shops with “JAPANESE ONLY” signs…). Stayed out too late and had one beer too many.

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

Sunday June 24 was even busier, if you can believe it. First thing in the morning (as in 9AM, running all the way to deserted downtown Tokyo), I met an Italian journalist (a lovely former fashionista named Stefania with a lovelier accent) who interviewed me for more than three hours for a 5000-word article on activism in Japan. Then taxied back to the ASCJ Conference, since I had been specially invited to attend a post-lunch talk by Nikkei Americans and Canadians about their feelings returning “home” to Japan.

Humph. With even less “rigor” (but good media), we had talks of what I call the genre of feel-good “baachan essays” (or conversely whiney ponderings about defeated expectations–i.e a “Japan don’t treat me right, despite” sort of thing). A love-in for those genetically-admitted, we received a talk about the narratives of older Japanese Americans and Canadians in the Kansai (which, since there were no narrative samples taken from younger women, or from any men at all “because they would disrupt the flow of information”, essentially became a survey of nattering older housewives shooting fish in a barrel). When I asked about if there were any plans to include the no doubt fascinating narratives of Nikkei Brazilians etc. (their factory schedules and language barriers notwithstanding), the answer was no, since, it was claimed, the study of Nikkei North Americans is far more underresearched. This surprising claim was based upon the fact that the Nikkei North Americans had fought or been betrayed by Japan in WWII, adversely influencing research of them. Aha. When the last speaker even asserted that Nikkei should being a White person to Japanese restaurants to get better service, I said, “It cuts both ways. There’s no science here.”

This confirmed a number of things I have been mulling over about these so-called Nikkei “returnees” (kibei) to Japan: How they seem to forget that their ancestors generally left Japan for perfectly good reasons, often because they didn’t fit in economically or socially. And they expect to come back and fit in now? I think it’s best to come here with no expectations or any trump cards due to genetics and make do as individuals, not Nikkei. But I’m sure they wouldn’t agree. To them it’s somehow some matter of birthright. Ah well. Enjoy the questionable social science from identity navel gazing and defeated expectations. It makes for exclusive ideological love-ins all over again, which happen to be just as exclusive as they feel they are facing in Japanese society.

Then in the late afternoon I carted my monolithic suitcase (full of books and T-shirts, https://www.debito.org/tshirts.html) through the subways (surprisingly unbarrier-free; I really feel sorry for people in wheelchairs), and found my way out to Tokai University, out in Odawara, an hour west of Tokyo. Hosts Charles and Yuki Kowalski had invited me out for two speeches care of their E-J translation ESP Classes in the International Studies Department. I had fortunately pounded out an 8-pager on “What is a Japanese?” shortly before I went to America weeks ago. I couldn’t even remember what I wrote, but as soon as we finished our home-cooked meal and some homeopathic remedy for my aching bike leg (it worked, actually–my leg hasn’t hurt since!), I went off to a deserted stay-over teacher’s dorm (I felt like I was walking the halls of the Overlook Hotel in THE SHINING, expecting to find twins behind every corner), was given two nights in a lovely old corner room with big windows overlooking trees, and got started on my Tokai speech Powerpoint (see it at https://www.debito.org/tokaispeech062507.doc)

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

Rising early the next morning (5AM), Monday, June 25, I put the finishing touches on a few visuals, was escorted at 9:30AM into a full classroom of perhaps 150 students, and asked to read my speech in English (without the E-J translation department there to help). I looked at the list of keywords carefully prepared by several teachers (who had done a hell of a lot of groundwork for my speeches–with classroom exercises on Japan’s internationalization, their opinions on who qualifies as a Japanese, and Japan’s future), and saw a full small-print page with words that were second-nature to me by now, but challenging to even advanced non-native speakers. Oops. Wound up paraphrasing the hard stuff, throwing in translations for difficult concepts, and finishing my talk early to power the rest of the presentation with Q&A. Anything to keep people from falling asleep. They didn’t. The questions came easily and quickly, and people of all langauge levels seemed to enjoy the conversation about Japan’s future.

But that’s not all. Later on in the afternoon, we were seated in a 500-seat auditorium with our ten translators, all raring to go, dreading the Q&A, but doing just fine on the prepared statements. I had prepared even more Powerpoint visuals in the interim (see the full version at https://www.debito.org/tokai062507.ppt), and we had a grand old time–especially since the hall had actually filled to 600 souls!, containing the crowded tension and interest when jokes come up and the speaker gets a little bombastic with his points.

But the questions were hell for the interpreters. One asked, “What do you think is the definition of ‘country’?” (as in nation–kuni). Another asked if my demand for Japan’s Census to measure for ethnicity was not a form of privacy invasion, even discrimination. Still another asked if I objected to the word “haafu” for international children (going instead for “double”), then how do Nikkei fit in? Having interpreters was lucky for me–their time taken to interpret gave me time to consider my answer, but when my answer go too tough to translate, I wound up giving my full ideas in fast Japanese like SNL’s Subliminal Man–to quite a few laughs. In the end, we had a wonderful time, and an audience, according to the ESP coordinators, more numerous, engaged, and thoughtful about the topic at hand than any other guest speech they had ever hosted.

Much merriment followed that evening over beers with the interpreters (two of them were actually Chinese, with excellent Japanese skills and even higher tolerance for alcohol), so much so I realized I had stayed out too late again and drunk too much. And I hadn’t even started my Powerpoint presentation for my last speech to be given in less than 24 hours. The problem was this time it was entirely in Japanese…

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

Rising even earlier (4AM) on Tuesday, June 26, I set to work. Major publisher Shogakukan in Jinbochou, Tokyo, had invited me as part of their guest lecturer series for raising the awareness of their writers, inviting minorities and interest groups to give their perspectives on the mass media. They asked me to speak on a dream topic–“Language that Japanese don’t notice is discriminatory”–and believe you me I had a lot I’ve wanted to say.

So much so, however, that my Powerpoint slides kept growing and growing. By 9AM I had finished a first draft of 45 slides. On the train back to Tokyo I started getting more ideas, and by the time I camped out for two hours at the Foreign Correspondents’ Club Library, I had put together 51 slides (see them all here at https://www.debito.org/shougakukan062607.ppt), proofreading and checking text animations just once more with 30 minutes to go. Grabbed a sandwich and a cab, sailed into Shogakukan (in my daze I remembered that I had tried to sell them both my novel MS in 1994 (excerpts at https://www.debito.org/publications.html#FICTIONAL), and my children’s comic book two years ago (more on that later sometime)), and with T minus ten I was hooked up and let fly. It was not the first time I’ve finished my Powerpoint presentation less than an hour before I gave it, but it was the first time I’d ever done it without any help from a native speaker. And from what I was told afterwards, the Japanese was just fine.

I won’t get into what I said here, as this essay is long enough, (read the Powerpoint–maybe I’ll get around to translating it some day), but two hours later I was back on the street, having accomplished my goals completely. I headed back to the FCCJ, had a big dinner of comfort food (nachos and fish and chips, washed down with Grolsch), and attended a compelling Book Break by Roland Kelts (http://www.fccj.or.jp/~fccjyod2/node/2272), author of “JAPANAMERICA: How Japanese Pop Culture has invaded the US”, who very articulately spelled out how manga and anime are influencing both American society and international print media. And in passing he described how Pokemon really affects kids, without lapsing into jargon or faffing about with personal impressions. Well done. We exchanged books (or actually, he’ll send me a copy of his later), and someday I might even get around to reviewing it for Debito.org.

Then friend and Amnesty International Group 78 Coordinator Chris Pitts (http://www.aig78.org), gave me a room to crash in in West Tokyo, and we stayed up nursing beverages until the wee hours. I was up this morning at 5AM to beat the morning rush hour and catch my 9:50 flight back to Sapporo. Then I taught a class, writing this up before and after.   I’m going to leave the keyboard now and sleep, thank you very much…

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

Again, I don’t think I’ve been this busy since grad school. Well, okay, once or twice since then. I can see that my daily grind of one paper per day back then was indeed good training. I’ll be down again in Tokyo in late July for yet another speech–if more don’t pop up like dandelions like what happened this trip. Keep you posted.

Returning to my regular blog schedule, I hope. Sorry for the hiatus. Arudou Debito back in Sapporo, Japan
debito@debito.org
https://www.debito.org
UPDATE JULY 27, 2007 ENDS

MOJ Website on fingerprinting/photos at Immigration from Nov 2007 (UPDATED)

mytest

Hi Blog. Lovely bit of Japanicana at the GOJ online TV network. Except that as well as being kinda weird and laughably amusing, it’s deadly serious about targeting foreigners as potential terrorists.

Friend just sent me a link to a new site talking about the new Immigration procedures coming into effect in November 2007, which will involve taking fingerprints and photographing of all “foreign visitors” crossing the border into Japan.

http://nettv.gov-online.go.jp/prg/prg1203.html

This will, however, not be restricted to “foreign visitors”. It will be applied to everyone BUT (quoting the website):

==========================
1. Persons under the age of 16
2. Special status permanent residents
[presumably the Zainichi generational “foreigners”, which means regular-status permanent-resident immigrants are NOT exempt]
3. Those performing actions which would be performed [sic] by those with a status of residence, “diplomat” or “official government business”

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

Which means even people who are long-term residents will get fingerprinting reinstated, despite having it abolished after decades of protest in 1999 (See article with more details at https://www.debito.org/fingerprinting.html)

And this time, if you don’t comply, you can’t take it to court (like Kathy Morikawa and others did). You’re just refused entry at the border.

GOJ’s justification? Prevention of terrorism, and the “safety of foreign visitors”.

The video in English is a hoot too, wheeling out a few token foreigners of color hamming it up, and agreeing to have their privacy violated on suspicion of terrorism.

But the irony here is that all the terrorist activities that have happened so far in Japan (from Aum on down) have been Japanese.

The association of foreigners with terrorism (moreover apparently helping to save them from themselves) is pretty presumptuous.

Why are they doing this? Because they can. If the GOJ were really serious about combatting terrorism, they would fingerprint everybody. But they can’t. They tried this before years ago with widespread protest. Look what happened to the failed Juki-Net system with universal ID cards (it was even ruled unconstitutional in December 2006, see https://www.debito.org/?p=97

The GOJ info site on fingerprinting is at
http://nettv.gov-online.go.jp/prg/prg1203.html

Distressed about this? More on what you can do about it here:
https://www.debito.org/?p=627

REFERENTIAL LINKS:
Trace the arc of this policy proposal as it became law at:

THE ZEIT GIST
Here comes the fear
Antiterrorist law creates legal conundrums for foreign residents
By DEBITO ARUDOU
Column 21 for the Japan Times Community page, MAY 24, 2005
https://www.debito.org/japantimes052405.html

THE NEW “I C YOU” CARDS
LDP proposal to computer chip foreigners has great potential for abuse
By Arudou Debito
Column 26 for the Japan Times Community Page November 22, 2005
https://www.debito.org/japantimes112205.html

Arudou Debito in Sapporo

============================
–UPDATE JULY 2, 2007
MARK MINO-THOMPSON OF THE COMMUNITY ADDS:

I decided to call around to a few places in Japan, specifically to
get the official word on what new immigration procedures will be
happening at airports starting in November. I called the Ministry
of Justice Immigration Division (General Affairs), Narita
Immigration and Japan’s Foreigner(?) Human Rights Bureau.

First off, not that I expected much from Houmushou, but I was able
to get the person answering the phone to confirm that all
foreigners, except Zainichi and government staff on offical business
will be photographed and printed each time they enter and exit
Japan. When I suggested that this procedure could be seen as
invasive to long-term visa holders and permanent residents (who have
already gone through an extensive vetting process by immigration) he
simply restated that all foreign guests would have to submit their
biometric data. Of course, I do understand that front-line
government staff have no power to comment on laws nor to change
them. I thanked him for his info and asked that please pass on my
concerns to his superiors.

Narita Immigration also confirmed the same information, although
they were slightly more sympathetic in tone of voice. I asked them
what the procedure would be for international families entering
Japan. Would they be forced to separate into foreigner and Japanese
lines at immigration or would they be able to enter together as is
currently. The woman explained to me that situations like this are
being debated within the department, but as far as the plan goes for
now, she believes that all foreigners will have to use the “foreign
national” line. She did add that front-line staff at Narita are
hoping to have one or more booths on the “Japanese National” side be
able to handle reentry permit holders. I also asked her a
hypothetical question about what were to happen if a permanent
resident visa holder with a valid re-entry permit were to refuse to
get printed and photographed. “They would be denied entry into
Japan.” she said.

Finally, after being given the number from the woman at Nartia
Immigration, I called a number of an organization dealing with human
rights for foreigners in japan. I spoke to a nice woman who was
well aware of the upcoming regulations. I asked her whether the
organization felt this legislation was a violation of human rights,
and if so, would they be writing some sort of report to the
government. She said that they really can’t make a statement about
something being a human rights violation until AFTER it has been put
into place. In other words, they’re adopting a wait-and-see
approach. She further added that if there comes a time in which
they feel these new procedures ARE infringing in foreigners human
rights, they will consider writing a report to that fact to the
Ministry of Justice. (although, by then millions of foreigners will
have their biometric data collected and stored on some huge, on-line
database that other government agencies will have access to).

Well, that’s where it stands at the moment. Any chance that we can
get the media to talk about this again before November? It seemed
from articles months ago and several Ministries were surprised and
concerned that this new policy was blanketing the entire non-
Zainichi foreign population. Perhaps there’s still hope for getting
this revised?

Mark Mino-Thompson

ENDS

Jun 27 Sophia U Film Showing: “Refusing to Stand for the Kimigayo”

mytest

Hi Blog. Little something which might interest you. Debito back in Sapporo

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

From: David Slater
Subject: Film Showing at Sophia U: “Refusing to Stand for the Kimigayo” (June
27th)
Forwarded by Robert Aspinall

Institute for the Study of Social Justice at Sophia University
Invites you to a film screening:

//////////////////////////////////////////////////////////
AGAINST COERCION:Refusing to Stand for “Kimigayo”
(87 minutes/in Japanese with English subtitles)
Directors: Matsubara Akira and Sasaki Yumi (Video Press)
Wednesday, June 27, 2007
17:00-19:30
Room L921, 9th Floor, Central Library
Yotsuya Campus, Sophia University
Free Admission
//////////////////////////////////////////////////////////

Since the Tokyo Metropolitan Board of Education issued
a decree to strictly enforce the hoisting of Hinomaru
and the singing of Kimigayo at school ceremonies in
2003, over 340 public school teachers in Tokyo have so
far faced disciplinary actions for “negligence of
duties.” Although the Tokyo Local Court ruled such
coercion unconstitutional in September 2006, the Tokyo
Metropolitan Board of Education took disciplinary
measures against a further 35 teachers in March 2007
and appealed to Tokyo High Court. The punitive
measures of the Tokyo Board of Education are
cumulative, and as a consequence, it looks quite
possible at this point that some teachers will face
dismissal in March 2008 –if they continue to refuse
to stand for Kimigayo.

Such developments are not limited to Tokyo public
schools, and are indeed of particular relevance to
those who are in teaching professions at school as
well as university levels. The new Law on National
Referenda that the Abe government enacted last month
contains a stipulation that prohibits teachers (and
public servants) to “utilize their positions” during
future campaigns on constitutional revisions –in
other words, a school teacher or university professor
who expresses a view that does not conform with the
government proposal may very well face similar
disciplinary measures for “negligence of duties.”

This documentary film follows the school teachers, and
their students, as the teachers refuse to stand for
Kimigayo and face pay-cut, suspension, and re-training
programs. The doors open at 17:00, and the movie
screening is followed by a Q&A session with Ms.
Kawarai Junko, who is currently suspended from her
position at a school for the disabled in Tokyo.

This event represents the first part of a program
entitled “Is Freedom in Danger?” organized by the
Institute for the Study of Social Justice, Sophia
University. It will be followed by a symposium on
October 11, where Prof. Takami Katsutoshi (Sophia Law
School) will speak on the subject of constitution and
freedom, Father Tani Daiji (Bishop of Saitama,
Catholic Church) on freedom of religion, and Koichi
Nakano (Sophia University) on the contemporary
politics of illiberalism (all in Japanese).

ENDS

上智大学映画上映『君が代不起立』6月27日(水)

mytest

上智大学社会正義研究所では、連続企画『自由は危ないのか』第1回として、下記の予定でドキュメンタリー映画上映会を開催いたします。

2007年6月27日(水曜日)
上智大学 中央図書館9階L921号室
17:00〜19:30
参加無料・事前登録不要
ドキュメンタリー映画
『君が代不起立』
(With English Subtitles)

上映時間87分&河原井純子さん(東京都教員・停職処分中)たちとの質疑応答
2003年に東京都教育委員会が卒業式や入学式での日の丸掲揚・君が代斉唱の「厳格実
施」を通達して以来、のべ340人を超える教員が職務命令違反を理由に懲戒処分を受
けている。2006年9月には東京地裁が「強制は違憲」とする判決を下したにもかかわ
らず、東京都教委は2007年3月に新たに35人に処分を行った。都教委の処分は累積性
を持つことから、現況では2008年3月についに免職処分(解雇)となる教師が現れる
ことが危惧される事態となっている。

2006年12月にビデオプレス社が公開した『君が代不起立』は懲戒処分に直面している
不起立の教職員たちの考え、教育への想いと行動、そして彼らの教え子たちの姿を
追ったドキュメンタリー映画であり、これまで各地市民団体、ICU、外国人記者クラ
ブなどにおいて上映会を積み重ねている。

折しも、憲法改定を掲げる与党による国民投票法が制定され、この法律が教員・公務
員の「地位利用」を禁止した規定を含むことによって、同様に政権与党の意に沿わな
い見解を表明した教員は懲戒処分の対象となる可能性も出てきている。私立大学で教
育に携わる私たちにとっても他人事ではありえないこの問題を通じて、思想良心の自
由について、本学教職員・学生らと議論し考えることが本企画の趣旨である。
————————————
<予告>
連続企画第2回『自由は危ないのか』シンポジウム
2007年10月11日(木曜日)
中央図書館9階L921号室
17:00〜19:30
参加無料・事前登録不要・使用言語日本語
「憲法と自由」 高見勝利・上智大学法科大学院教授
「信教の自由と政教分離」 谷大二・さいたま教区司教
「反自由の政治」 中野晃一・上智大学国際教養学部准教授
思想良心の自由、表現の自由に限らず、信教の自由なども含めて今日自由をめぐる問
題は実に多岐にわたっている。戦後憲法の中で曲がりなりにも保障されてきた個人の
自由がかつてないほどに脅威にさらされていると危惧する声が上がる一方で、逆に
「戦後民主主義」の行き過ぎた自由が国家の存続基盤そのものを危うくしているとい
う論調も強くなってきている。
ドキュメンタリー映画『君が代不起立』上映会での問題提起を受けて、自由の現在と
将来についての学術的論考と討論を更に進めることが本企画の趣旨である。


David H. Slater, Ph.D.
Faculty of Liberal Arts
Sophia University, Tokyo

Ibaraki NPA on How to deal with NJ: Riot Police

mytest

Hello Blog. Last day in the US before the long trip back to Japan, but here’s a little something I just got from a friend this morning:

=============================
STOP THEM AT THE SHORES, PROTECT [OUR COUNTRY].

PLEASE COOPERATE IN STOPPING ILLEGAL ALIENS AND THEIR ILLEGAL ENTRY.

CONTACT IBARAKI PREFECTURAL POLICE HQ
029-301-0110

Sponsored by the Ibaraki Prefectural Police Coast Guard Cooperative Union (Ibaraki ken keisatsu kaigan keikai kyouryoku rengokai)
=============================
(Click on the image itself there to make it full screen.)

IbarakiNPAposter07.jpg
Nothing like six riot police (seven, actually–look closely) in full regalia to protect us from the alien horde. Er, can horde be singular? Anyway, yet another example of overreaction and targeting by the government towards NJ.

Sure, raise awareness about overstayers and illegal entrants. But don’t make it seem as though there’s an invasion afoot, and that you need measures this extreme.

More examples of GOJ-sponsored foreign scaremongering at

https://www.debito.org/TheCommunity/communityissues.html#police

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

Debito at Cornell University

JT on GOJ proposals for foreign workers

mytest

Hi Blog. Pursuant to the most recent Debito.org Newsletter on GOJ proposals for NJ workers, here’s an article giving more on how the ministries plan to “fix” things.

Already being criticized for limiting the time duration, potential contribution to Japanese society, and vagueness in scope, one wonders how far this will be applied–to other types of “workers” (such as non-blue-collar NJ employees as well)? The MOJ Minister makes it clearest that gaijin are merely guests on revolving-door labor terms, which of course I cannot support. As friend Olaf says, time to switch to Permanent Residency as soon as possible.

Still not an issue for the upcoming elections, alas. Arudou Debito at Cornell University

=================================
Competing foreign-worker plans face off
Justice chief’s proposal to open doors, briefly, for all sectors causes stir
The Japan Times Thursday, June 7, 2007

By ERIC JOHNSTON Staff writer
http://search.japantimes.co.jp/cgi-bin/nn20070607f1.html
Courtesy of James Annan at The Community

OSAKA — If the Health, Labor and Welfare Ministry, the Ministry of Economy, Trade and Industry, and the Japan Business Federation (Nippon Keidanren) have their way, it’s possible you’ll see this help-wanted ad in your English-language newspaper:

“Seeking highly trained foreign engineers and technicians to work in Japan. Successful candidates must agree to first study Japanese in their home country through a Japanese-government funded program and then pass a Japanese-government approved language proficiency examination to receive a work visa. Visa may lead to permanent residency, depending on job performance, language ability and personality, which will be evaluated by the Japanese government and their employer.”

On the other hand, if a recent proposal put forward by Justice Minister Jinen Nagase were to become law, it’s possible the ad would be written as follows:

“Seeking foreigners to work in Japan on a temporary basis (maximum three years) for all jobs and industries. All are welcome to apply, and no prior experience or ability in Japanese necessary. Successful applicants will be guaranteed a fair wage. However, visa will be good for only three years and will not be renewed under any circumstances.”

With Japan’s population expected to fall from the current 127 million to 100 million by 2050, and with slightly more than one-third of the population expected to be over 65 by then, government officials and private industries are intensifying their efforts to propose policies to make up for the predicated labor shortage by bringing in foreign workers.

Three separate proposals were announced last month. Two were METI and health ministry plans for restructuring the foreign trainee system, which has drawn harsh criticism from rights groups, lawyers and others because of the many cases in which trainees are abused, underpaid, not paid at all or exploited merely as cheap labor by small companies.

Under the current system, trainees are allowed into Japan for three years. They study the Japanese language and society in a classroom during the first year and spend the last two years in on-the-job training.

The health ministry proposes bringing in foreigners for a total of three years, all of which would be on-the-job training, with a two-year extension possible after they first return to their home country.

Three days after that proposal was announced, METI released a report calling for keeping the current trainee system, but reforming it so trainees could return to Japan, like the health ministry proposal, for an extra two years under certain conditions.

Japan does not have a guest worker system that allows unskilled or semi-skilled foreigners to come in. The ministries, as well as many lawmakers, business leaders and local governments, fear a large influx of unskilled foreign workers would take jobs from Japanese, creating social unrest. This is precisely why Nagase’s proposal has created such a stir.

The justice minister envisions a wide variety of foreign workers, not just skilled workers in METI-approved sectors, working here for up to three years. They would not be allowed to renew their visa, and they would not be given priority for permanent residency, which is what some in METI and Keidanren have proposed.

It is believed Nagase seeks a more acute need for unskilled or semi-skilled labor, particularly rural and in the services industry.

“The justice minister’s proposal recognizes that a broad range of foreign laborers are needed. It brings foreigners in through the front door to meet Japan’s coming labor demand in all sectors, whereas the METI and the health ministry proposals target technical trainees for specific sectors only, which will result in a large influx of illegal foreign labor through the side door for the other sectors,” said Michitsune Kusaka of Rights of Immigrants Network Kansai, a nongovernmental organization.

However, both Kusaka and Hidenori Sakanaka, director of the NGO Japan Immigration Policy Institute and former head of the Tokyo Immigration Bureau, criticize the proposed three-year time limit.

“Putting a three-year limit on a foreign worker’s stay in Japan does not give the company doing the hiring any incentive to take the time to train them for specialized work. Of course, there is also the question of how many skilled workers would want to come to Japan if they are forced to leave after three years,” Sakanaka said.

While the three proposals are getting a lot of attention among bureaucrats in Tokyo’s Nagata-cho district and senior business leaders, the issue of what to do about foreign laborers is not expected to addressed by politicians in the Upper House election in July.

Hiroshi Inoue, a Keidanren official who helped draft its own policy on foreign laborers, which is similar to the METI proposal, said the issue of foreign workers remains off the radar for most Diet members.

“Local politicians in areas of Japan with lots of foreign laborers, especially in the Chubu region, have to think about policies for foreign laborers. But the issue is not something Diet members concern themselves with,” he said.

“The pension issue and revising the Constitution will be the focus of the Upper House election. Seriously debating proposals about more foreign laborers is not something Diet members are ready to do, although the three proposals announced in May are getting a lot of attention among bureaucrats,” Sakanaka said.
ENDS

U Chicago talk by Imai Noriaki

mytest

Hi Blog. Interesting talk here by Imai Noriaki, one of the group of Japanese who went to Iraq three years ago on their own for research and humanitarian work, and wound up getting kidnapped (and shown on J TV with knives to their throats) by Iraqi militants. They were released, but not after running the gauntlet of hostile J media and politicians, and in my view quite a setback for activists in Japan.

Why this is interesting is because Imai doesn’t really come off as strongly as he should in his talk. Granted, he was young then (18), and full of vim and will. But he doesn’t really make his case even today as to why it was important that he go, and how unfair the consequences were in Japan afterwards (I do it instead in my Japan Times article excerpted below). Could be a language barrier (I’ve met the guy personally in Sapporo, since he’s from there, and he’s got a good heart), but at root is his pichipichi idealism which needs a few more doses of the realities of debate in the 21st Century.

He does, however, offer his attempts to make himself heard (trying to answer the critics–even making his cellphone number available to the anonymous and often very abusive online community in Japan), and where they got him (nowhere, really).

I sympathize. I am no stranger to criticism–I receive it practically every day from people who nitpick or attack without daring to identify themselves, or take any responsiblity whatsoever for what they say. They are not in the debate to actually offer any possiblity of changing their own minds–just blowing off steam or criticizing for sport. And I’ve long since learned there’s practically no point in responding because they are beyond being reached (especially when I have made my views as clear as I can in the thousands of essays over fifteen years I’ve archived on Debito.org), so I for the most part just don’t answer. After all, there are lots of them and one of you, and there are only so many hours in a day. More on how I reached this conclusion myself in my book JAPANESE ONLY.

Anyway, have a listen. Arudou Debito in Upstate NY.

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

“Why I Went to Iraq…Three Years Later”

March 29, 2007
Noriaki Imai, student environmental and peace activist

At 18 years of age, Noriaki Imai traveled to Iraq to study the effects of depleted uranium on Iraqi children. While in Iraq, he was taken hostage and threatened to be killed unless Japan withdrew its troops from Iraq. Fortunately, he was released alive, but when he returned home to Japan, he faced enormous public criticism.

Two different audio and video formats at
http://chiasmos.uchicago.edu/events/imai.shtml

Part of the Japan at Chicago Lecture Series: Celebrating Protest; sponsored by the Japan Committee of the Center for East Asian Studies, the Human Rights Program, the Center for International Studies, the Center for Middle Eastern Studies, Rockefeller Memorial Chapel, the Environmental Studies Program and Middle Eastern Studies Students Association.

=========================
Kidnap crisis poses a new risk
Japan’s outrage toward the former hostages in Iraq could result in bad public policy

http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?fl20040511zg.htm
By Debito Arudou, The Japan Times, May 11, 2004

When five Japanese were taken hostage in Iraq last month, huge public concern for their safe return quickly gave way to hostility and a campaign of vilification. A disastrous public appeal by the families of three of the hostages for the withdrawal of SDF troops from Iraq encouraged the government to take a tough line, and facilitated a media frenzy that sought to paint the hostages as reckless, naive and of dubious political affiliation.

However, a series of measures proposed by officials emboldened by the backlash and designed to prevent a repeat occurrence of the kidnap crisis may only have the effect of snuffing out Japan’s nascent volunteer movement…

Rest at https://www.debito.org/japantimes051104.html

ENDS

Asahi: 90% of crews on Japan ships are NJ–MLIT eyes decreasing that for “security”

mytest

Hi Blog. Asahi Shinbun reports that foreign nationals account for more than 90 percent of crews of ocean-going vessels operated by Japanese companies. So the transport ministry plans to offer tax breaks to shipping companies which drastically increase the percentage of Japanese crew on their ships. This in order to “secure stable maritime transportation”–in case they have an emergency in their home country and suddenly create a labor shortage for Japan…???

Uh… I don’t see the connection. Now NJ crew are threatening Japan’s ships too? How silly. Once again, Japan’s industry cuts costs by hiring cheap foreign labor, and somehow finds itself in a predicament–warranting tax benefits? Smells like porkbarrel to me. Just bring up arguments of “self-sufficiency” and “security” (this time coupled with a fear of foreigners who might NOT be available) and watch the public purse strings fly open. Article follows. Debito in Upstate NY

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

Move eyed to raise Japanese crew numbers
05/22/2007 THE ASAHI SHIMBUN

Courtesy http://www.asahi.com/english/Herald-asahi/TKY200705210339.html

The transport ministry plans to offer tax breaks to shipping companies which drastically increase the percentage of Japanese crew on their ships, sources said.

The Ministry of Land, Infrastructure and Transport aims to increase the number of Japanese crew members by about 50 percent in 10 years to secure stable maritime transportation, an integral part of the nation’s trading infrastructure.

Foreign nationals account for more than 90 percent of crews of ocean-going vessels operated by Japanese companies.

This is because shipping companies sharply cut back on labor costs to survive competition with overseas rivals.

In 2005, the nation’s shipping companies only employed 2,625 Japanese as crew members. Of the roughly 2,000 vessels operated by the nation’s shipping companies, only 95 were registered in Japan for taxation purposes and other reasons.

The transport ministry’s move was prompted by concern there would be too few people to operate ships if natural disasters, political turmoil or other emergencies flared in the home nations of non-Japanese crew members.

According to the ministry’s estimates, to maintain a basic level of operations in the event of an emergency, 5,500 Japanese crew members and 450 vessels registered in Japan would be necessary.

Beginning in fiscal 2008, the ministry plans to require shipping companies, including Nippon Yusen KK and Mitsui O.S.K. Lines Ltd., to come up with plans to hire more Japanese crew members, including specific targets.

The shipping companies will be required to prepare 5-year or 10-year plans based on the ministry’s targets. The ministry will then examine the plans for final approval.

If a shipping company fails to hire more Japanese as it had planned, the ministry will instruct it on what to do. A company that fails to win ministry approval will become ineligible for the new taxation system, which the ministry expects will be introduced in fiscal 2008.

The new system means companies would be taxed on the total tonnage the shipowner operates instead of actual profits.

The system, already used in 16 other countries, is expected to enable shipping companies to save significant amounts on tax when business is good.

The transport ministry must still negotiate with the Finance Ministry on final implementation of the new system.

It plans to submit its requests in September.

The transport ministry initially had considered introducing a requirement on shipping companies to use the money saved under the new system solely for measures to secure Japanese crew members.

But the idea was scrapped after shipping companies and their client firms raised concerns about higher transportation fees and weakened competitiveness.

In Britain, shipping companies have to provide training for their employees to take advantage of tax breaks.

The Japanese Shipowners’ Association, which represents shipping companies, has already announced a plan to double the number of Japanese-flagged vessels in five years and increase the number of Japanese crew members by 50 percent in 10 years.

(IHT/Asahi: May 22,2007)
ENDS

朝日:外航海運会社に日本人船員増加計画を要請 国交省新制度

mytest

ブログの読者おはようございます。以降の記事は面白いですね。日本が営業している船のクルーが外国人です。万が一、有事や外国人の労働不足が起きることを対処するために、これから国税から補助金をもらって日本人船員を増やすという。ほー。色々な社会問題を外国人のせいにするが、初めてこのような政府助成金の正当化にされたことを見ました。なんでもいわゆる「自給自足」のために日本政府はお金を出しますね。有道 出人

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外航海運会社に日本人船員増加計画を要請 国交省新制度
朝日新聞 2007年05月21日15時22分
http://www.asahi.com/national/update/0521/TKY200705210139.html

 減り続ける日本人船員を確保するため国土交通省は、08年度から日本郵船、商船三井などの日本の外航海運会社に、船員の増加目標を盛り込んだ計画を作らせ、国土交通相が認定する新制度をつくる。計画通り実行されない場合は国が勧告できるようにする。厳しい国際競争で続いてきた低コストの外国人船員への移行に歯止めをかけ、日本人を10年間で1.5倍程度に増やすことを目指す。

 国交省は、船員供給国で大規模災害や政変が起こるといった「非常時」でも、日本の社会生活の基盤となる安定した国際的な物資輸送を保つためには、日本人船員を一定程度確保することが必要だと判断。08年度から減税効果が見込まれる「トン数標準税制」が日本籍船を運航する外航各社に導入されるのに伴う、政策目的に掲げている。

 新制度の案では、国交省が日本船籍船と日本人船員の増加の5年、10年単位の目標を盛り込んだ基本方針を示し、これをもとに、各社が具体的な増加計画をつくる。国交相に認定されないと新税制の適用を受けられないようにし、各社の取り組みに実効性を持たせる。

 新税制の導入による減税分の使い道を船員確保策に限るといった厳しい規制もありえるが、外航各社や荷主である経済界から競争力低下や運賃上昇につながることへの慎重論が強いことを考慮した。海運各社でつくる日本船主協会も日本籍船を5年で2倍、日本人船員は10年で1.5倍にする方針を発表している。

 トン数標準税制は法人税について、実際の利益ではなく船の積載能力にもとづいて「みなし利益」を算定する方法で海外16カ国が導入。好景気時に大幅な減税が見込まれる。英国はこの税制を導入した会社に雇用者の訓練義務などを課している。

 ただ、日本人船員の確保制度は財務省側と調整が必要。国交省は9月に税制改正要求を出し、年末に向けて具体的に詰めていく。

 外航海運各社の船員はコストが安く能力もある外国人が9割強を占め、日本人船員は2625人(05年)まで減少。船も日本の外航海運各社が運航する約2000隻のうち日本籍は95隻しかない。同省は「非常時」に最低限の社会生活を続けるのに必要な日本籍船は450隻、日本人船員を5500人と試算している。
ENDS

WSJ on Imported NJ workers on J farms and factories

mytest

Hi Blog. An excellent primer from the Wall sTreet Journal on why Japan is importing NJ workers and how they are getting along: less than half wages (one Filipino mentioned below gets $500 a month, and sends half of it back home!!), yet the unsung savior of many industries (Toyota, now the world’s #2 automaker, is dependent on them). The demographics of the situation also nicely interwoven into the article as well.

Are people still going to make the argument that Japan’s internationalization is not inevitable? Arudou Debito in Rochester, NY.

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CRACK IN THE DOOR
Cautiously, an Aging Japan Warms to Foreign Workers
Loopholes Open Up Jobs In Farms and Factories;
Friction in Toyota City
By YUKA HAYASHI and SEBASTIAN MOFFETT
The Wall Street Journal, May 25, 2007; Page A1

http://online.wsj.com/article_print/SB118003388526913715.html
Courtesy of Matt Dioguardi at The Community

AKEHAMA, Japan — Four years ago, when a group of farmers in this remote village first brought in young Filipinos to work in their citrus fields, neighbors rebuffed the idea of hiring foreigners. “They said these men shouldn’t be hired even if they worked for free,” recalls Motosa Katayama, a ninth-generation farmer with a weather-beaten face.

But they soon saw the logic. The Filipinos performed strenuous tasks such as pruning branches and pulling weeds, becoming indispensable to the elderly farmers. Since then, Akehama, a village with just 100 households, has hosted a total of 70 workers from the Philippines and Vietnam.

“People began to realize it was so much better to have someone with you” on the field, says Mr. Katayama.

Japan, long known for its resistance to mass immigration, is gradually starting to use more foreigners — known as gaikokujin roudousha in Japanese — to solve its labor shortage. They are taking up jobs in rural areas where industries such as agriculture and textiles are struggling. Big companies are filling their factories with foreigners to assemble auto parts and flat-panel TVs. In cities, foreign workers serve meals at restaurants and stock shelves at grocery stores.

The 2005 census found Japan had 770,000 foreign workers, or 1.3% of its working population, up from 604,000 and 0.9% a decade earlier. That is still a far cry from the U.S., which has 22 million foreign-born workers, or 15% of the labor force. Nonetheless, for Japan it’s a big change.

WSJ 052507.png

Resistance to allowing in foreign workers runs strong in this island nation, where virtually everyone speaks Japanese and shares a similar ethnic and cultural background. From 1639 to 1854, Japan banned nearly all foreigners from entering the country. The only major immigration in modern times came before and during World War II, when several million Koreans came to Japan. At the time, Korea was a Japanese colony.

Even today, many Japanese believe that the country’s relatively homogenous population and common values contribute to a low crime rate and economic strength. But as the country is swept by drastic changes in its population and economy, Japanese are shaking off some of their traditional views. In a 2005 government public-opinion survey, 56% of respondents said Japan should accept unskilled foreign workers either unconditionally or if certain conditions are met. Only 26% said they were opposed to the idea under any circumstance.

Cut Off From Mainstream

The foreign workers currently don’t present an economic threat because they tend to do jobs that Japanese workers don’t want, such as agriculture and construction work. And many are dotted around the country in small, rural communities which are cut off from mainstream society.

What’s more, in a country where the public is strongly aware of demographic trends, many see foreign workers as inevitable in the long run. Because of the falling birth rate, Japan’s working-age population peaked in 1995 and is now falling. Demographers forecast that the number of working-age Japanese — aged 15 to 64 — will drop 15% by 2025 from 84.6 million in 2005. The drop will be especially sharp over the next few years as people born during Japan’s 1947-49 baby boom turn 60, the official retirement age at many companies.

The Japanese government has kept a tight grip on foreigners and their activities. While officially keeping the door closed, it has permitted numerous loopholes that enable hundreds of thousands of foreigners to come and work in Japan every year, mostly on a temporary basis — a strategy that some call a “backdoor policy.”

The young men in Akehama, for example, aren’t technically employed as workers. They are among 140,000 “trainees” brought to Japan under a three-year government-approved program that is supposed to teach them skills that they will take back to their countries. Some trainees are paid just $2.50 an hour, around half the lowest of Japan’s minimum wages, which vary by region.

In addition, some 100,000 foreigners with student visas are allowed to work part-time, and most do so at low-wage jobs in convenience stores and fast-food restaurants. And about 300,000 descendants of Japanese who emigrated to South America more than 50 years ago now live and work in Japan, granted visas as relatives of Japanese citizens.

This quiet, backdoor policy could backfire if the number of foreigners swells quickly or workers start competing for more mainstream, blue-collar jobs. Already the media has played up a rise in crime committed by foreigners. Serious offenses by foreigners such as robbery and rape are up 67% over the past 10 years although the absolute number of such crimes remains low.

At least one high-profile politician, Shintaro Ishihara, governor of the Tokyo metropolitan region, has made a name for himself with verbal attacks on foreigners, saying foreigners “are carrying out extremely heinous crimes.” In a sign that many Japanese welcome his outspoken style, he was elected to a third four-year term on April 8.

The Japan Association of Corporate Executives, a powerful business lobby that supports allowing more foreign workers in Japan, projected that by 2050, foreigners would exceed 6.1% of Japan’s working-age population — the current level in France, and nearly five times the current level.

“By not calling these people workers and leaving things vague in a typical Asian fashion, the Japanese government retains tremendous control over the situation for now,” says Bui Chi Trung, a sociology professor from Vietnam at Aichi Shukutoku University near Nagoya. But without a clearer definition of the role of foreigners in the work force, he says, the issue may lead to social instability. “Japan may pay dearly for this policy,” he says.

First Opening

The first big opening for foreign workers came in the booming late 1980s, when Japan allowed tens of thousands of Iranians to come on tourist visas — after which they stayed on, illegally, to work. When the economy slowed, the government made Iranian visitors meet the tighter entry requirements already required for people from most developing nations.

A more significant experiment involved Latin Americans of Japanese descent. In 1990, the government made it clear that most descendants of Japanese emigrants — in particular the children and grandchildren of those who left to work as farmers in Brazil during the first half of the 20th century — were free to work in Japan for as long as they wished.

Officially, the reason was unrelated to a labor shortage. “It was just a natural thing to take back the descendants of Japanese people who had left a while ago and now wanted to come back,” says Saori Fujita, an immigration policy planner at the ministry of justice.

As Japan’s auto industry thrived — and developed a labor shortage — in the early 2000s, the large Brazilian community around Toyota City became a vital part of the labor force.

Aisin Seiki Co., which supplies Toyota Motor Corp. with parts such as transmissions, employs about 1,700 Brazilians among its 6,000 factory workers. The company has found it hard to recruit new Japanese workers, who increasingly shun factory jobs. Most Brazilian workers are hired on a contract basis, which means they can be laid off more easily in a downturn — or if Aisin decides to move more production overseas. “Aisin was taking on fewer new employees” during Japan’s long downturn in the 1990s, says Ryuichiro Yamada, a human-resources personnel manager. In this decade, “when business boomed, we didn’t have enough people.”

Because many of the Brazilians don’t speak Japanese well, they generally do routine tasks that require less explanation, such as preparing products for shipment. Aisin employs 20 interpreters and has translated essential notices and manuals into Portuguese.

Though most Brazilians intended to stay just a few years to make quick money, many are deciding to remain in Japan. That means Japan is acquiring its first foreign-language community since it brought over Koreans to work in factories during World War II.

A public-housing complex in Toyota City called Homi Estate was built in the 1970s to house workers at Toyota’s parts suppliers. Now, 45% of the roughly 9,000 residents are South American, predominantly Brazilian. A Japanese supermarket on the estate closed down last year and a shopping center owned by a Brazilian took over the premises.

Japanese residents complained at first about the loud music young Brazilians played and the motorbikes they allegedly stole. But they eventually realized the Brazilians were there to stay, and made an effort to educate them in Japan-style living.

“You have to talk to them one-to-one,” says Kinuyo Miyagawa, 59, a long-term Homi resident who is active in the local residents association. She explained Japan’s elaborate process of putting out the trash on particular days for different categories, such as burnables and items for recycling.

More recently, foreign workers have expanded to include fruit pickers, scallop packers and garment-factory workers. They support struggling businesses in rural Japan where the population is declining rapidly as young people move to cities.

Most of these workers have arrived under the government-sponsored trainee system, originally created to allow big companies to train their overseas staffers in Japan, and gradually expanded to include small companies with a labor shortage. Last year, Japan brought in 68,305 trainees — twice the number in 2001. The trainees initially receive a one-year visa, and they can extend their stay for an additional two years. Most choose to do so. Once their three years are up, they can’t get a trainee visa again.

Factories Keep Going

The 53 garment factories in Ehime prefecture in western Japan, known for its towel and garment manufacturing in the 1960s, have been clobbered by cheap imports from the rest of Asia. They keep going thanks to some 300 trainees from China, who work at 36 of these factories — all of them small companies with a few dozen employees — where they sew skirts, blouses and school uniforms. The trainees are paid a little over $500 a month. Employers say they cost about the same as Japanese workers after paying for their room and board, training and travel expenses. Still, with so few Japanese workers willing to join the industry, factory owners even charter flights from China to bring them over.

The local industry association is now demanding that the government allow foreign workers to come in more freely. “We want the government to do away with this nonsense and create a system where people who want to come back are allowed to do so,” says Kohji Murakami, chairman of the association. “We need foreign workers, and we need them right now.”

Of course, problems inevitably arise. Trainees can’t change employers, and during their first year are not protected by Japanese labor laws. Last September, a 26-year-old Chinese trainee on a pig farm near Tokyo boycotted work after a pay dispute. A representative of the staffing agency that brought him to Japan arrived at the farm to send him back to China. The trainee then stabbed him to death, according to a police spokeswoman.

In December, a Chinese woman trainee in her thirties filed a civil suit against the host organization that brought her to Japan and its representative. The woman alleged she was raped many times by the head of the host organization, who had a key to her dormitory room. The organization fully admitted the allegations and settled out of court in February.

The government says it is planning to revise the system, including possibly allowing trainees to stay longer than the current three-year maximum. Officials have yet to agree on the details.

Many young workers are eager to come to Japan, attracted by wages that are higher than they are back home. Rimando Sitam, a Filipino who has worked on an Akehama citrus farm for two years, has a college degree in teaching but couldn’t find work at home. The 29-year-old sends home much of his monthly salary of $500. That covers more than half the living expenses of his parents and six siblings, who live on a small vegetable farm.

“So many farmers want to be trainees in Japan because we have no work in the Philippines,” says Mr. Sitam. “I want to stay here much longer or come back again if I can.” When his training period in Japan ends, Mr. Sitam is hoping to find a factory job in South Korea.

Mr. Katayama, the citrus farmer, likes the trainee system, as it’s helped keep his farm in business for the past few years. A powerful typhoon destroyed much of the orange crop in Akehama seven years ago, wiping out many neighboring farms. Mr. Katayama and a few of his neighbors bought some of the land so they could expand.

After failing to recruit young Japanese workers, the Akehama citrus farmers decided to try foreign workers, following the example of farmers in a nearby town. They recently set up their own recruiting agency to bring over new trainees. Most come from Benguet, a province in northern Luzon in the Philippines, where farms are struggling to compete with imports of Chinese vegetables. Akehama currently hosts eight trainees — two Vietnamese women and six Filipinos. Shipbuilding companies in a nearby town also employ some Filipino trainees.

“American farmers use Mexican workers to run their farms,” says Mr. Katayama. “So we said, why couldn’t we Japanese farmers use foreigners too?”

ENDS

Keidanren on Accepting NJ workers (March 2007)

mytest

Hi Blog. Essentially another tier of government, Keidanren, has finally gotten around to summarizing and translating its policy proposals for the outside world’s consumption. (The original was long, which is why I hadn’t gotten to it myself. Sorry.)

What is Keidanren? In their own words:

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Nippon Keidanren (Japan Business Federation) is a comprehensive economic organization born in May 2002 by amalgamation of Keidanren (Japan Federation of Economic Organizations) and Nikkeiren (Japan Federation of Employers’ Associations). Its membership of 1,662 is comprised of 1,351 companies, 130 industrial associations, and 47 regional economic organizations (as of June 20, 2006).

The mission of Nippon Keidanren is to accelerate growth of Japan’s and world economy and to strengthen the corporations to create additional value to transform Japanese economy into one that is sustainable and driven by the private sector, by encouraging the idea of individuals and local communities.

Nippon Keidanren, for this purpose, shall establish timely consensus and work towards resolution of a variety of issues concerning Japanese business community, including economic, industrial, social, and labor. Meanwhile, it will communicate with its stakeholders including political leaders, administrators, labor unions, and citizens at large. It will urge its members to adhere to Charter of Corporate Behavior and Global Environment Charter, in order to recover public confidence in businesses. It will also attempt to resolve international problems and to deepen economic relations with other countries through policy dialogue with governments, business groups and concerned international organizations.
http://www.keidanren.or.jp/english/profile/pro001.html
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What they don’t mention is this: A major policymaker for Japan Inc., Keidanren steered the GOJ into creating the infamous TRAINEE and RESEARCHER Visas from 1990, which have not only brought in hundreds of thousands of NJ workers working for half wages or worse (with no social safety net), but also resulted in huge scams and labor abuses. Articles substantiating this are all over this blog.

So now how do they propose to remedy the problem? Inter alia, more labor rights for NJ workers, and GOJ involvement in securing them more stable livelihoods. This is a step in the right direction, thanks, but Keidanren itself says below it made similar calls for such in 2004, and plenty of recent media articles indicate this has not done the trick. Just advocating it don’t make it so.

Keidanren also encouraging more training and a skilled workforce (understandable in principle), but putting the onus on the worker to prove himself in terms of assimilation and qualification (understandable in principle, but unclear in practice–who’s going to test these people?).

Moreover, Footnote One below shows they are still in Never-Never Land regarding the role of NJ in Japanese society:

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Japan’s population has started to decline, but Nippon Keidanren’s aim in calling for Japan to admit more non-Japanese workers is not to fill the gap caused by this drop in population. According to forecasts, if nothing is done to reverse the depopulation trend, the retirement of the so-called baby boom generation will, 10 years from now, leave Japan’s labor force with four million fewer workers. It would not be practical to cover this shortfall entirely through the admission of non-Japanese people. Nippon Keidanren’s basic position is that non-Japanese people should be admitted to introduce different cultural ideas and sense of values into Japanese society and corporations and to promote the creation of new added value, as this would accelerate innovation, one of the three factors implicit in a potential growth rate (the other two being labor and capital).
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I see–we’ll suck the ideas from them but won’t let them be a part of Japan. Yeah, right.

Look, Keidanren, get real. You brought these people here to keep your factories internationally competitive. Now figure out a way to take care of them, to make them want to stay. Forget the revolving-door disposable worker mentality, already. NJ workers are in fact an investment in Japan’s future. Arudou Debito in Narita

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Second Set of Recommendations on Accepting Non-Japanese Workers
(Summary)

http://www.keidanren.or.jp/english/policy/2007/017.html
Courtesy of Tony Keyes at The Community
A pdf version of the Japanese document can be downloaded at:
http://www.keidanren.or.jp/japanese/policy/2007/017.pdf
Courtesy Kirk Masden at The Community

March 20, 2007

Nippon Keidanren
(Japan Business Federation)
I. Introduction

In its opinion paper, “Recommendations on Accepting Non-Japanese Workers,” released in April 2004, Nippon Keidanren recommended that the Japanese government take advantage of the diversified sense of values, experiences and skills of workers from other countries to increase Japan’s capacity to create added value. FOOTNOTE #1 The Recommendations proposed specific measures regarding facilitating the acceptance of non-Japanese workers in specialized and technical fields and in sectors where future labor shortages in Japan are anticipated, enhancing the Industrial Training Program and the Technical Internship Program, and improving the living conditions of non-Japanese workers in Japan based on three principles guiding the admission of foreign workers:

Exert sufficient control over the quality and quantity of those admitted;
Ensure respect for their human rights and prohibit discrimination;
Ensure benefits for both Japan and the countries from which the workers come.

Since the release of the first set of Recommendations, certain changes have occurred: new admission frameworks have been established as a result of Japan’s promotion of Economic Partnership Agreements (EPA) with other Asian countries, and there is now greater demand among Japan’s domestic industries for highly skilled human resources, especially technical personnel. Nippon Keidanren therefore considered problems that governments and local communities in Japan should resolve on a priority basis in order to deal with these changes, and also examined the enhancement of compliance systems within corporations hiring foreign workers. The result of that study is this second set of recommendations.

II. Overview

1. The need for Japan to admit more foreign workers

Japanese corporations are faced with a pressing need to acquire human resources from around the world, because they need to energize their organizations and increase their international competitiveness through the addition of a variety of sense of values and thought patterns. In addition, it is predicted that, in the future, Japan will not have enough skilled personnel in such sectors as nursing, care giving, agriculture, manufacturing, construction and machine assembly. It is therefore essential that Japan admit more foreign workers, a goal that can be achieved through deregulation.

2. Recent initiatives of Japan’s national government and ruling party
Guidelines Regarding Foreign Workers: An interim report from the ruling Liberal Democratic Party

In the July 2006 interim report named here, the Liberal Democratic Party’s Special Committee on Foreign Workers discussed: (a) extending the term of residence for highly skilled workers; (b) expanding the scope of “Skilled Labor” status of residence; (c) systematizing programs offering further training; and (d) fundamentally revising controls over alien registration and residence status. These measures should be taken.

Economic Partnership Agreements (EPAs) with other Asian countries

It is also important for Japan to continue admitting non-Japanese workers by using schemes under an EPA similar to that promoting the admission of nurses and caregivers under the Japan-Philippines EPA.

Commitments under the WTO General Agreement on Trade in Services

Japan’s June 2005 submission of its revised offer on liberalizing the movement of natural persons added commitments for the categories “Engineer,” “Specialist in Humanities/International Services” and “Skilled Labor,” in addition to its previous commitments regarding intra-company transferees and independent service suppliers. However, the revised offer only makes international commitments for the existing system. Full-fledged commitments accompanied by amendments to Japanese laws will be required.

3. Improvements in Japan’s social infrastructure, to promote the admission of non-Japanese workers FOOTNOTE#2

Clarification of the respective responsibilities of governments and the private sector

In light of the current situation, the Japanese government needs to change its basic policies on the admission of non-Japanese people, and relevant ministries and agencies should work together to improve their policy formation systems while strengthening ties with local governments. Local governments should enhance Japanese-language teaching programs, promote further education opportunities for the children of non-Japanese workers, and help improve the living environment for them. For their part, companies employing non-Japanese workers need to strengthen their compliance systems to ensure, for example, that they abide by the Labour Standards Act, and to provide assistance for the livelihood of non-Japanese residents. Governments and the private sector should each fulfill their respective responsibilities and establish admission and control systems that can be easily understood from the perspective of other countries.

Accurately understanding labor market needs; admission controls

Immigration controls need to be applied through a transparent, reliable system which is bolstered by clearly stated, widely known standards that form the basis of immigration and residence status decisions. One approach would be to regulate the number of non-Japanese workers in sectors requiring skilled workers using a labor market test.

Enhanced control of residence status and labor

It is important to link the alien registration system with the basic resident register system, since this would help local governments obtain a better understanding of circumstances surrounding residence of non-Japanese people and make it possible for them to more accurately provide services to these residents. As a labor control measure, the current Report on Foreign Workers should be modified to prevent illegal labor practices and to promote participation in social insurance programs.

Ensuring benefits for both Japan and the countries from where workers come

It is important that the admission of non-Japanese workers benefit both Japan and the countries from where they come, and this can be achieved in part by clearly identifying through bilateral agreements the responsibilities of the workers’ native countries, and by offering technical guidance and Japanese-language education in those countries through Japan’s Official Development Assistance programs.

III. Specific Recommendations

1. Admission of highly skilled human resources; intra-company and intra-group transfers

Admission of highly skilled human resources

To ensure a sufficient supply of highly skilled non-Japanese workers, the requirement of a minimum of 10 years of practical experience to qualify for “Specialist in Humanities/International Services” and “Engineer” status of residence should be eased as soon as possible. In addition, the system should be modified to permit non-Japanese workers to be accepted for a long period of time under a contractual agreement among companies, without the necessity of a direct employment contract signed by the hiring company and the non-Japanese worker.

Intra-company and intra-group transfers

The requirement of a minimum one year of practical experience to qualify for “Intra-company Transferee” status of residence should be eased. Many restrictions apply to the “Precollege Student” status of residence for transferees whose main purpose is language learning, but in such cases the “Intra-company Transferee” status of residence, or a similar status, should be granted.

2. Admission of non-Japanese workers for sectors lacking sufficient human resources

Nurses and caregivers

Now that an agreement has been reached on admission of nurses and caregivers under the Japan-Philippines EPA, the admission of such human resources from Indonesia, Thailand and other countries should be achieved as soon as possible through EPAs with those countries. In addition, current status of residence requirements should be eased to open Japan’s doors to nurses and caregivers even from countries with which Japan does not have an EPA.

Skilled workers for manufacturing and other sectors

In order to eliminate the current and future chronic shortage of skilled workers in such sectors as manufacturing, construction and machine assembly, the Japanese government should consider admitting non-Japanese workers who meet requirements such as knowledge of a certain level of Japanese, conditional upon the introduction of a labor market test. For the immediate future, their admission should be promoted through arrangements under bilateral agreements, including EPAs, while ensuring tight control over their quality and quantity.

3. The Industrial Training Program and Technical Internship Program

Stable implementation of training programs

In order to ensure stable implementation of the Industrial Training Program and the Technical Internship Program FOOTNOTE#3, it is important to enhance compliance systems within the organizations and corporations employing non-Japanese workers, and to monitor admission conditions. In addition, the Ministry of Justice should revise its February 1999 guidelines on immigration and status of residence controls for those participating in the Industrial Training Program and Technical Internship Program, and severe penalties should be imposed on illegal actions.

Institutionalization of programs offering further training

For those who have received on-the-job training and wish to further improve their skills, readmission for practical training for a two-year period should be permitted, conditional upon trainees having achieved a certain level of expertise in the Japanese language and work skills, and upon having provisionally returned to their home country.

4. Terms of residence; application for a Certificate of Eligibility

Extension of terms of residence

The maximum term of residence granted for each relevant residence status should be extended from three to five years, with the exception of cases where the term is not fixed, and it should be permitted to select the term of residence, up to the five-year maximum, depending upon the kind of work the foreign worker is engaged in.

Simplification of the application procedure for a Certificate of Eligibility; greater transparency of procedures

It should be possible to make applications online, and the time required for standard processing should be shortened. Furthermore, a company group’s subsidiary that is responsible for personnel affairs at the hiring corporation should be permitted to submit applications as a proxy. In addition, procedures should be simplified for proxy applications by corporations with a good record in employing non-Japanese workers in the past. It is also important to improve procedural transparency by, for example, categorizing cases in which a certificate would not be granted, and stating the reason when it is not granted.

5. Residence and labor controls; support for living in Japan

Residence controls

A new Basic Register for Non-Japanese Residents should be established to provide the basis for authenticating matters relating to their places of abode and for facilitating the provision of government services.

Labor controls

The Report on Foreign Workers should be fundamentally modified to require employers to report on non-Japanese workers’ nationalities, statuses of residence, terms of residence and employment patterns, and this information should be used for immigration control purposes, to know where non-Japanese personnel are working and to ensure they participate in social insurance programs.

Inclusion of non-Japanese workers within the social insurance system

To promote the inclusion of non-Japanese workers in Japan’s pension and health insurance programs, the system providing for the lump sum repayment of pension contributions to non-Japanese withdrawing from the Japanese pension system should be revised, and consideration should be given to measures permitting the reimbursement of the total personal contribution portion of social insurance premiums. In addition, social insurance agreements should be signed to provide for the avoidance of double payment of pension contributions and social insurance premiums.

Living expense assistance for non-Japanese residents

There is a need for private enterprises, local governments, international exchange associations, non-profit organizations and other entities to work together to successfully address such issues as finding housing, Japanese language teaching, and education for the children of non-Japanese workers. Furthermore, a study should be conducted into the establishment of schemes for the disbursement of funds in each region by the national government and local governments, with private companies also contributing on a voluntary basis, to provide the financial assistance some non-Japanese workers may require for their livelihood.

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FOOTNOTES

#1 Japan’s population has started to decline, but Nippon Keidanren’s aim in calling for Japan to admit more non-Japanese workers is not to fill the gap caused by this drop in population. According to forecasts, if nothing is done to reverse the depopulation trend, the retirement of the so-called baby boom generation will, 10 years from now, leave Japan’s labor force with four million fewer workers. It would not be practical to cover this shortfall entirely through the admission of non-Japanese people. Nippon Keidanren’s basic position is that non-Japanese people should be admitted to introduce different cultural ideas and sense of values into Japanese society and corporations and to promote the creation of new added value, as this would accelerate innovation, one of the three factors implicit in a potential growth rate (the other two being labor and capital).

#2 The number of foreigners registered in Japan reached more than 2 million in 2005. Although there has been a decline in the number of so-called “old-comers,” primarily South Korean nationals, the number of foreign nationals of Japanese descent, especially from Brazil and Peru, is now rising, and the number of foreigners working in specialized and technical fields, whose admission is being promoted nationwide by Japan, is slowly but gradually increasing as well. Even so, the number of all of these represents only about 1.5% of Japan’s total population, which is certainly not high when one considers the country as a whole. However, foreigners of Japanese descent tend to congregate in certain cities and regions, and some areas are experiencing social problems as a result. In this section, Nippon Keidanren’s recommendations call for four measures to improve Japan’s social infrastructure in ways that promote the acceptance of non-Japanese people.

#3 The Industrial Training Program and Technical Internship Program are for people from abroad who are admitted to work in Japanese firms for a certain period of time in order to acquire the industrial techniques, skills and knowledge practiced in a developed country. The programs are designed to satisfy the need of primarily developing countries for trained human resources who will one day drive their national economic development and promote their industries. The Industrial Training Program helps trainees acquire Japan’s industrial and occupational techniques, skills and knowledge within one year (under the “Trainee” status of residence.) The Technical Internship Program offers, during employment, more practical and effective proficiency in the techniques, skills and knowledge for a maximum of two years (under the “Designated Activities” status of residence.)

KEIDANREN PROPOSAL MARCH 2007

Yomiuri: GOJ split over what to do about Trainee Visa abuses

mytest

Hi Blog. It’s becoming a hot issue at last: What to do about all the NJ labor coming over here and getting abused by unscrupulous employers and officials. The Yomiuri offers a good overview, then Matt Dioguardi offers an even better overview of the GOJ debate and proposals popping up there to fix the situation. Kinda. Debito in Sapporo

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

Govt split over foreign trainee program
Takeshi Kosaka, Masaharu Nomura and Soichiro Kuboniwa
Yomiuri Shimbun May 19, 2007

http://www.yomiuri.co.jp/dy/national/20070519TDY03003.htm

Government officials are engaged in a heated debate over an on-the-job training system for foreigners, which has been criticized by some as allowing employers to exploit foreign trainees as low-wage laborers.

Study panels established by the Health, Labor and Welfare Ministry and the Economy, Trade and Industry Ministry recently proposed a review of the system, while Justice Minister Jinen Nagase on Tuesday said he personally believes a new system for accepting foreign manual laborers should be introduced to replace the current system.

Concerned ministries, eyeing a drastic review of the foreign trainee system, plan to hold discussions on the issue with a view toward revising relevant laws in an ordinary Diet session in 2009.

But the motivations for any review vary markedly among the ministries, and it is unclear how these differing views can be reconciled.

The current system is widely used, with the number of small and midsize companies taking advantage of it rising considerably since 1990 over concerns about labor shortages.

However, there have been numerous reports of unlawful or improper action by host companies, such as a refusal to pay overtime wages and withholding foreign trainees’ passports or bankbooks.

It has also been revealed that in some cases, foreign trainees had to pay large fees to brokering organizations in their home countries before leaving for Japan. As a result, many foreign trainees went missing after entering Japan, to work illegally.

The succession of problems prompted the ministries separately to discuss a possible review of the system.

For the first of the three years of on-the-job training under the scheme, foreign trainees are not legally considered employees, and are thus not covered by the Labor Standards Law, the Minimum Wage Law and other laws protecting workers.

The labor ministry’s panel on May 11 compiled a plan that would abolish the one-year training period, to allow the workers to be treated as employees for the whole period.

One senior ministry official noted, “Even if foreign trainees are forced to work under terrible conditions, labor laws don’t cover them during the trainee period, so we have no way of protecting them.”

But three days later, the METI panel issued a report that said the one-year trainee period should be maintained.

“Companies shoulder the cost of accommodating the foreign trainees and also provide Japanese language classes and work-safety training,” a ministry official said. “If they’re made employees from the start, it could actually create a situation whereby they are abused as low-wage laborers.”

The economy ministry believes the best way to prevent improper treatment of foreign trainees is to toughen penalties on host companies, and introduce some sort of certification for legitimate host firms.

The two ministries’ proposals have some points in common, such as proposing extending the permissible period of stay for trainees in Japan from the current three years to five.

However, there are also noticeable differences between the two ministries’ positions. These differences stem largely from the fact that the labor ministry wants to expand the coverage of labor laws, while the economy ministry wants to give due consideration to the small and midsize companies accepting foreign trainees.

The justice minister’s proposal is to abolish the current system and introduce a totally new one to allow the acceptance of a wider range of foreign workers for short periods. It would also in effect lift the ban on domestic firms accepting foreign manual laborers.

Nagase has instructed the Justice Ministry to examine his plan based on the following premises:

— The purpose of accepting foreign trainees or workers will change from “contributing to the transfer of job skills as part of international cooperation” to “contributing to securing the necessary workforce in Japan.”

— Atrocious working conditions and extremely low wages for foreign workers are unacceptable.

— Foreign trainees or workers are not allowed to reenter Japan with the same visa status, to prevent them from permanently settling in the nation.

Justice Ministry officials were generally positive toward the minister’s plan, with one senior official saying, “By withdrawing the official rationale of international contribution, the debates can be grounded in reality.”

But some in the labor and economy ministries were critical of the justice minister’s plan.

One official said, “It’s too drastic to say the system should be scrapped just because there is a discrepancy between the goal and the reality.” Another was concerned the plan would completely overturn the government’s policy of not accepting foreign manual laborers, while a third said, “The current system has been, to a certain degree, effective as part of the nation’s international contribution.”

But all three ministries agree that a revised or completely new system should include measures to crackdown on overstayers through tighter immigration controls, and improvements in managing foreign workers’ information.

Since February, the Justice Ministry has been considering integrating control and management of immigration-related data held by the central government with data on foreign nationals’ resident registration held by municipal governments, so that overstayers can be identified more easily.

The labor and economy ministries plan to proceed with discussions on possible changes to the system, while cautiously eyeing moves by the Justice Ministry.

(Yomiuri Shinbun May 19, 2007)
=======================================

MATT DIOGUARDI ADDS:

Now recently three ministries have stepped forward with a plan to save the day. These would be:

The Ministry of Justice
The Ministry of Health, Labour and Welfare
The Ministry of Economy, Trade and Industry

There would seem to be the three views, roughly something like this …

Justice Ministry: Let’s stop pretending this is a trainee program and just admit openly that it’s a guest worker program. Then let’s be very clear that we expect labor laws to apply to the guest workers just like anyone else. We’ll crack down on the abuses. However, let’s be very clear that after the guests have stayed for three years, they MUST leave and they certainly can NOT come back. We don’t want these poor low life scum ruining Japanese society and culture.

Labor Ministry: Let’s just reform the system a bit. Let’s throw out the Industrial Training Program and instead focus on the Technical Internship Program. And you know that clause we’ve got about labor law not applying for the first year, well, let’s go ahead and apply it. That should fix things up, well, you know, maybe a little. I mean, this whole system is pretty lucrative for us bureaucrats, so let’s not rock the boat too much.

Economics Ministry: Let’s not let go of the idea that Japan is trying to help other countries by training their people. So what if the program becomes near slave labor at times. Even if it’s not true that were helping other countries, it’s the thought that counts. Do you know how much trouble it’ll be for us MITI bureaucrats to deal with these other countries if we were OPENLY using and throwing away their workers? They would hate us. We can’t lose the important facade that we’re helping to develop poor countries. Why don’t we offer a certification program for those who want to abuse the trainees. It won’t mean dirt, but it’ll give us bureaucrats a bit more power and that’s not bad, right?…

MORE ANALYSIS OF THIS ISSUE AND ARCHIVING OF ARTICLES AT MATT DIOGUARDI’S BLOG (CLICK HERE)
ENDS

Dietmember Hosaka critical of “thought screening” in new J jury system

mytest

Hi Blog. Excerpting an excellent article from Chris Salzberg at Global Voices Online on Japan’s upcoming jury system (from May 2009). He translates Lower House Dietmember Hosaka Nobuto‘s questioning of the Justice Minister et al regarding their proposed screening of applicant citizen jurors in the new and upcoming jury for criminal cases.

I don’t want to cut and paste in Chris’s entire blog entry, so see it here. But I will paste below his and his partner’s translation of Hosaka’s blog entry (Japanese original here or up at the abovementioned Chris blog link).

This is very important, since for once Japan’s judiciary is trying to open the sacerdotal system of judicial decisionmaking to more public input and scrutiny. And here they go all over again trying to screen jurors to make sure they are sympathetic towards (i.e. trusting of) the police. The police and prosecutors have enough power at their disposal to convict people (to the point of raising hackles at the UN Committee Against Torture) without proposing to stack the jury too.

Again, it’s best written up at Chris’s blog, so also take a look at that. Arudou Debito in Sapporo

==============================
(Written by Chris Salzberg and Tokita Hanako)

…It is only against this backdrop of the chronic problem of forced confessions that Hosaka’s blog entry can really be understood. The blog entry is called “The hidden ‘trap’ of the citizen judge system: thought checking in citizen judge interviews“, and begins:

Yesterday, in the Lower House Committee on Judicial Affairs, I questioned [the government] for 40 minutes over a legal revision of criminal proceedings to institutionalize “Participation in the Judicial Action of Crime Victims”. In exchanges between the Supreme Court and the Justice Ministry, a state of affairs was revealed in which the legal system would be swayed from its foundation by a “wide range of views from a group of citizens chosen by drawing lots”, part of the [new] citizen judge system. When a police officer is called by the prosecution to testify as a witness, it is permissible to ask the citizen judge candidates and the court of justice: “Do you have trust in the investigation of this police officer?” If you answer: “No, I do not trust this police officer”, then the prosecutor can judge that “A fair trial cannot be guaranteed” and can instigate a procedure in which, without indicating any reasons, a maximum of 4 candidates can be disqualified.

The 6 members of the citizen judge system, acting as “representatives of the people”, under this filtering by the prosecution, becomes a group of only “well-intentioned citizens without any doubts about the police”; this in turn has a huge influence in court battles in which the prosecution argues with the defence over the “voluntariness of confessions” [extracted by the police]. The investigation has the authority to perform a “thought check” on these delegates of the citizen court system, chosen by “drawing lots”, related to issues such as their “degree of confidence in the police investigation” and their “view on the death penalty”, and, without stating any reason, can carry out a “challenge” procedure to eliminate up to 4 candidates. I am shocked that this scheme has been hidden. For the “bureaucracy”, this very convenient “well-intentioned citizen without doubts about the bureaucracy”, chosen from the entire population by drawing lots, is nothing more than a disguise under the name of “participation in the legal system”. If the three elements of the judicial community have concocted these “unacceptable questions” which could impinge on the freedom of thought and creed, we cannot ignore this. Below I have presented a tentative record [of the proceedings]. Starting next week, I will try to put the brakes on this reckless degeneration of justice. Please have a look at the exchange that took place in the Committee of Judicial Affairs, reproduced below.

The rest of the blog entry consists of the proceedings of the Diet session, translated here in their entirety:

Hosaka
There was an article in yesterday’s newspaper about the finalization of the essentials of a supreme court outline relating to procedures for the court of justice’s new citizen judge system. In this article, it was explained that the citizen judges would be questioned in an oral consultation or interview. In these consultations or interviews, “investigator testimony” — i.e. in cases in which the police officer (witness) is scheduled to testify — if there is an appeal by the person concerned (prosecution), then the presiding judge can ask: “Are there any circumstances in which you would be able to trust this investigation conducted by the police and others? Or, alternatively, are there any circumstances about which you do not have particular confidence?” In cases in which the answer is “no”, no further questions are asked [of the candidate citizen judge]. In cases in which the answer is “yes”, the citizen judge is asked: “What kind of circumstances are these?” Depending on the answer to this question, if necessary, the candidate citizen judge is then asked: “Do you think you can consider the contents of the police officer’s testimony and render a fair judgement?” The citizen is assessed on the basis of the existence or nonexistence of doubts about the fairness of the trial. What is the meaning of this? We are all acutely aware of the fact that there are cases, such as the Shibushi incident, in which police investigations have gone much too far. One of these citizen judge candidates might for example say: “Police investigations sometimes do things behind closed doors, so in this sense perhaps they go too far.” What is the intention of this questioning?

(Detective Superintendent of the Secretariat of the Supreme Court) Ogawa
I will answer the question. In cases in which there are arrangement procedures preceding the public trial, when it becomes known either that applications are being processed for an investigator witness, or that an investigator is scheduled to appear, in cases in which the party concerned has made a request, in order to assess whether or not there is any possibility that judgement about the “confidence in the verbal testimony of the investigator witness” will be dealt with in an unfair manner, we are right now considering questions indicated by the committee member (Hosaka) so that we can use it as one reference. In a practical sense, the court makes the decision, so how things will turn out, in concrete terms, is really a judgement to be made by the court.

Hosaka
I am asking this question to the Detective Superintendent of the Justice Ministry. In cases such as you just mentioned, in which the investigator appears as a witness, probably a confession has been made. However, what about cases in which, after the [confession], the person switches their position and issues a denial, and raises doubts about the voluntariness of the “recorded confession”? I believe that there are many cases of this kind. The court is asking questions: “Do you have trust in the investigation of the police officer?” If a candidate answers in an interview: “I have no trust at all. I think that it is strange, all these things going on behind closed doors recently,” then the investigator is able to challenge the candidacy of the citizen judge. Could this be a reason for disqualification?

(Someone from the ruling party [LDP] exclaims:
They can do that? Hosaka’s explanation to this ruling party member: “Yes, they can issue challenges. Without giving a reason, they can disqualify up to 4 candidates. How will the prosecution judge people who have doubts in their mind about the police officer?”)

(Detective Superintendent of the Secretariat of the Supreme Court) Ogawa
On the question of under what circumstances an investigator can, without indicating any reason, challenge [the candidacy of a citizen judge], we really haven’t done any concrete investigation on this. I think it is up to the judgement of the investigator in each individual case.

Hosaka
I request that the Minister of Justice share his thoughts on this. The citizen judges are chosen by drawing lots. From a list of registered voters in the Lower House elections. However, in this process, in cases in which [the candidate citizen judge] says: “I have a bit of trouble placing my trust in this police investigation”, the prosecution can declare that “We challenge [the candidacy of] this citizen judge”. The citizen judge may then be excluded. ……if citizen judges become the object of such challenges, I wonder if we can really say that this is a system which draws on an even distribution of representative views of people from the entire country? I am extremely concerned. What do you think about this situation?

Justice Minister Nagase
I remember that there were various views expressed when the citizen court system was being set up. “If this is in there, then won’t everybody be judged innocent?”, “No, everyone will be sentenced , right?”, I remember that there were arguments like this. The concerns that you are expressing now are I believe related to those earlier arguments. However, in the three branches of government, in an appropriate manner, we are working toward a citizen judge system that reflects the good sense of the average citizen, not some kind of legal debate in which people quibble over every insignificant detail.

Hosaka
My intention is not to quibble over every insignificant detail. What we have to debate about, in a broader sense, is the participation, in the court of justice, of the “victim” within the citizen judge system. As we now understand the meaning of the “challenge” [of candidates], I want to have a thorough debate on this issue.
ENDS

保坂衆議院議員:裁判員制度の知られざる「罠」、裁判員面接で思想チェックを問う

mytest

ブロク読者の皆様おはようございます。有道 出人です。

年金問題の大騒ぎで気付いていないことかもしれませんが、きのう、衆議院保坂展人氏ブログによると、これから「犯罪被害者の訴訟参加」の「思想チェック」を実施するようです。

「どれぐらい警察官を信じるのか」をチェックしてから陪審員として取り入れるかどうかを決心するようです。衆議院法務委員会で表面化したことを転送します。長勢法務大臣の返答も入っています。これはGlobal Voices OnlineのChris Salzbergさまからいただいたお知らせです。感謝いたします。

早速記載しますが、宜しくお願い致します。有道 出人

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裁判員制度の知られざる「罠」、裁判員面接で思想チェック
保坂展人衆議院議員 著
裁判員制度を問う / 2007年05月26日
http://blog.goo.ne.jp/hosakanobuto/e/27f78e12828b4ce61eb1beb8d0ab42ff)

昨日は、衆議院法務委員会で「犯罪被害者の訴訟参加」を制度化する刑事訴訟法改正案の質疑を40分行った。この最高裁と法務省とのやりとりの中で、裁判員制度の「くじで選ばれる国民の幅広い意見」という根底から揺らぐような事態が明らかになった。検察側が「警察官」を証人として出廷される時に、裁判所に対して裁判員候補に対して「あなたは警察官の捜査を信用していますか」と質問させることが出来る。「いや、信用ならないですね」と答えると「公平な裁判が保障されない」と検察官が判断して最大4人まで理由を示さずに「忌避」の手続きを行うことが出来るというものだ。

「市民の代表」として出てくる6人の裁判員たちは、検察側のフィルタリングにかけられた「警察を疑わない善意の市民」ばかりとなり、「自白の任意性」をめぐって弁護側と激しく争う事件について、大きな影響を与えるのは間違いない。「くじ」で選ばれた裁判員候補を、捜査権力が「警察の捜査への信頼度」「死刑についての考え方」などに対して「思想チェック」をして、理由を述べずに4人まで「忌避」という排除手続きを取るという仕組みが隠れていたことに愕然とする。「官」にとって、都合のいい「官を疑うことなき善良な市民」が国民全体から「くじ」で選ばれたとすれば、これは「市民の司法参加・偽装」そのものである。法曹三者で国民の思想信条の自由を侵すような「許しがたい設問」をつくりあげていたとすれば、看過出来ない。以下に仮記録を示しておく。来週から、国会内で「裁判員制度を問う超党派議員の会」を呼びかけ、司法の変質と暴走にブレーギをかけていきたいと思う。以下、委員会でのやりとりを再現してみよう。

保坂 昨日の新聞に裁判所の裁判員制度の手続きに関する最高裁規則の要綱がまとまったという記事が出ています。そこで、質問を裁判員について口頭諮問というか面接でするわけですが゛、この中に「捜査官証言」、つまり警察官等(※証人)が予定されている事件において、当事者の求めがあった場合(※検察側)、裁判長が口頭で「あなたは警察等の捜査が特に信用出来ると思う事情がありますか。あるいは、逆に特に信用出来ないという事情がありますか」と質問をし、「いいえ」と回答した場合は、何も質問しない。「はい」と回答した場合は、「それはどのような事情ですか」と質問する。その回答によって必要がある時には、「警察官等の証言の内容を検討して公平に判断することが出来ますか」と質問をし、不公平な裁判をするおそれの有無を判断する、とある。どういう意味ですかね。我々は志布志事件などで警察の捜査も行き過ぎがあるということを随分認識しています。たとえば裁判員の候補者がですね、「警察の捜査も時々、密室で行われているから行き過ぎがあるかもしれません」と言うかもしれません。どういう意図でこの設問があるのですか。

小川最高裁事務総局刑事局長 お答えします。公判前整理手続きをやっていく際に、捜査官証人が申請される、また予定される事件があるとわかりました時に、当事者の方から求めがあった場合に「捜査官証人の証言の信用性」について不公平な裁判をするおそれがあるかないかという点を判断をするために、今、委員の御指摘のような質問をさせていただく、ひとつの判断資料となろうかと思います。実際には、裁判体が判断されますから具体的どうなるかというのは裁判体の判断となります。

保坂 法務省刑事局長に聞きたいのですが、今のような捜査官が証人として出てくる場合には、おそらく自白はしている、しかし、その後に否認に転じて、「自白調書」の任意性に疑いがある場合、こういうことが多いんではないかと思います。裁判所が設問していますよね。「警察官の捜査等にどれだけ信用性を置いているかどうか」と。「私は全然信用していないんだ。最近は相当密室でおかしいと思う」と面接で言っていたら、検察官はこの裁判員候補者を忌避出来るんですね。忌避する理由になりますか。

(そんな事が出来るのか? と与党席からの声。「忌避出来るんですよ。理由を示さずに4人まで忌避出来るんです。警察官はどうかなあという人に対して検察側がどう判断するかどうか」と保坂議場の与党議員に説明)

小津法務省刑事局長  この件、検察官がどのような場合に理由を示さないで忌避するかどうかということは、私どもで何も具体的に検討しているわけではないわけで、個々の事件における検察官の判断ということになろうかと思います。

 保坂 法務大臣に感想を求めたいんですよ。裁判員というのはくじで選ばれるんですよね。衆議院選挙の有権者名簿で。しかし、その中で、「警察の捜査はちょっと私は信用出来ないですよ」と言った場合には、検察側から「この人、忌避」と出るかもしれない。……忌避の対象になってくると、本当に国民全体の意見を代表して、まんべんなく汲み上げた制度になるのかどうか、大変不安になってきたんですね。その点、どうですか。

長勢法務大臣 裁判員制度を創設する時、当時は色々な御意見があった事を思い出します。片一方は、「こんなのが入るとみんな無罪になってしまうんじゃないか」「いや、みんな重罪になってしまうんじゃないか」という議論があったことを思い出します。
今の議論もそういうことに関連しているのかなと不安を感じますが、法曹三者において適切にですね、こういうあまり重箱のスミをつつくような法律論じゃなくて、一般の国民の良識が反映されるような裁判員制度にしていきたいと思います。

保坂 重箱のスミをつつくような議論をしているつもりはありません。これは裁判で裁判員制度の中で「被害者」の方が参加されるというトータルなパッケージとしての議論をしなければならない。この「忌避」ということも今、わかってきたわけなので、トータルに議論したい。
(保坂議員のブログでコメントを)
===========================

裁判員制度の知られざる「罠」、裁判員面接での選別の論理
保坂展人衆議院議員 著
裁判員制度を問う / 2007年05月27日
http://blog.goo.ne.jp/hosakanobuto/e/8e2558afdb37d497aae9a00efcfa6c4c

昨日のブログには大変な数の反響を頂いた。土・日にも関わらず、弁護士会内部でも賛否両論の議論が起きているようだ。「裁判員制度」の導入が全国民を対象にしているだけに、誰もが「警察官の捜査を信用出来ますか」と裁判官から尋問を受けて、「NO」と答えた人たちはこの質問を要求した検察官から「理由を示さずに忌避」されて不選任となるという事態に正直言って私は驚いた。ところが、裁判員制度に関わってきた関係者からは、「何、今ごろゴタゴタ言ってるの。アメリカの陪審制でも同様の制度があるし、04年の立法当時にもそう議論にならなかったじゃないか」と、「驚いている人たちが出てきたことに驚く」という反応があるらしい。「アメリカでも陪審制…」と言う人たちに聞いてみたい。アメリカの捜査と日本の捜査は透明度は同一なのだろうか、と。陪審員が全員一致で判断するかどうかで有罪・無罪を決める陪審制と、多数決に従う日本の裁判員制度は同一の制度ではない。さらに、そのアメリカでも冤罪事件が後を絶たないことも忘れてはならない。
ここで、「面接・質問」と「忌避」「不選任」の条文を見ておこう。

「裁判員の参加する刑事裁判に関する法律」

(裁判員等選任手続の方式)
第三十三条  裁判員等選任手続は、公開しない。
2  裁判員等選任手続の指揮は、裁判長が行う。
(省略)

(裁判員候補者に対する質問等)
第三十四条  裁判員等選任手続において、裁判長は、裁判員候補者が、職務従事予定期間において、第十三条に規定する者に該当するかどうか、第十四条の規定により裁判員となることができない者でないかどうか、第十五条第一項各号若しくは第二項各号若しくは第十七条各号に掲げる者に該当しないかどうか若しくは第十六条の規定により裁判員となることについて辞退の申立てがある場合において同条各号に掲げる者に該当するかどうか又は不公平な裁判をするおそれがないかどうかの判断をするため、必要な質問をすることができる。
2  陪席の裁判官、検察官、被告人又は弁護人は、裁判長に対し、前項の判断をするために必要と思料する質問を裁判長が裁判員候補者に対してすることを求めることができる。この場合において、裁判長は、相当と認めるときは、裁判員候補者に対して、当該求めに係る質問をするものとする。
3  裁判員候補者は、前二項の質問に対して正当な理由なく陳述を拒み、又は虚偽の陳述をしてはならない。
4  裁判所は、裁判員候補者が、職務従事予定期間において、第十三条に規定する者に該当しないと認めたとき、第十四条の規定により裁判員となることができない者であると認めたとき又は第十五条第一項各号若しくは第二項各号若しくは第十七条各号に掲げる者に該当すると認めたときは、検察官、被告人若しくは弁護人の請求により又は職権で、当該裁判員候補者について不選任の決定をしなければならない。裁判員候補者が不公平な裁判をするおそれがあると認めたときも、同様とする。
(以下省略)

この法律は04年の国会で全会一致で成立している。しかし、この裁判長の質問の具体的な内容と、検察官の「忌避」と不選任の流れが、明確に語られることはなかった。国会審議の議事録で具体的に掘り下げた議論の形跡はない。たしかに「被告人」「弁護士」にも「忌避」の権利が同等にあるじゃないかという指摘もあるだろう。裁判員法は「公平な裁判をするかどうか」で国民を選別しようとしているが、
私たちは「裁判所が公平な裁判をするかどうか」を問うているのである。「公判前整理手続き」という名で「裁判迅速化」が進み、「厳罰主義」の風潮の中で「被告人」「弁護士」は、検察官と対等に選任手続きに臨めるだろうか。たぶん、昨日のブログで紹介した「質問案」を見て、私は背筋が寒くなって鳥肌が立ってしまった。それは「直観的」「感覚的」なものかもしれないが、公権力が国民をくじで呼び出しておいて、「警察を信じるか」「死刑についてどうか」と思想・信条、内面の関わる質問をしようとしていることに拒否感が強いのだ。弁護士の『ヤメ記者弁護士さんのブログ』も、さっそく反応してくれた。以下、紹介する。

(引用開始)
これは、大変なことだ。警察官の捜査に対して、批判的な気持ちを持っている人は、裁判からはずしてしまう。少しくらい、警察官が行きすぎたことをしていても、まぁ、悪いことをした奴を自白させるには手荒いこともしないとねって許してしまう人ばかりが、裁判員になるかもしれないということだ。

 質問自体は、「警察の捜査は特に信用できると思うような事情、あるいは逆に、特に信用できないと思うような事情がありますか」という一見公平なものであるから、問題ないのではないか、という反論がありそうだが、「特に信用できると思うような事情」がある人なんているだろうか?やはり、具体的には、「特に信用できないと思うような事情」が問題になるケース、例えば、自分の身内が警察の取調で酷い目にあったから信用できない、などというケースがほとんどだろう。
 
 その場合、検察は、裁判員から外してしまうことができるのだ…。あきれはてる。警察を信用する人によってしか裁判ができない、しかも、その裁判は、まさに警察官が証人として採用され、その証人の信用性が問題になろうとしているものばかりというのだ。刑事裁判が市民にさらされ、警察の不適切な捜査が市民によって問題化されることを恐れているのだろう。このような質問を用意すること自体、毛札は信用できないと自白しているようなもんだ。

 陪審制を採用している米国でも裁判官の質問制度はあるが、このようなアホな質問は許されない。

 例えば、マサチューセッツ州では、�事件の当事者・証人・弁護士を知っているか、�その事件について個人的に知っていたか、又はテレビ・ラジオ、新聞等から知っているか、�当該事件及びこの種の事件に意見を発表したり、又まとめたことがあるか、�どちらかに何らかの先入観又は偏見を持っているか、�当該事件に個人的興味・関心を持っているか、�その他当該事件に公正に対処できない何らかの事情があるかどうかの6問である(「陪審制度」第一法規)。

 まさに、その具体的な事件について、不公平な裁判をするかどうかが、問題とされているのであって、それ以外の政治信条について聞くことはない。

 なお、裁判員制度に伴うこの質問制度の問題点は、以上のことだけではない。

 死刑の適用が問題となる事件については、「起訴されてる○○罪について法律は、『死刑または無期懲役または○年以上の懲役に処す』と定めています。今回の事件で有罪とされた場合は、この刑を前提に量刑を判断できますか」という質問を裁判官にさせることができる。そのうえ、「できない」と答えた場合、「証拠によってどのような事実が明らかになったとしても、絶対に死刑を選択しないと決めていますか」と聞くというのだ。
 
 はぁ、それじゃあ、死刑積極論者しか残らないではないか!

 この質問がもし許されるとしたら、反対の質問として、「人を殺したら原則死刑にするべきだと思うか」という質問をして、するべきだと答えたら、排除する制度がある場合のみだろう(このような質問自体が許されないと考えるが…)。

 変な裁判員制度…。(引用終了)

幸いあと2年の時が残されている。今、きちんと議論をし徹底的に制度を検証しておかないと、取り返しがつかなくなってしまうと私は考える。

(昨日に引き続き、引用歓迎です)
(保坂議員のブログでコメントを)
ENDS

Asahi: Skimming off NJ trainees results in murder

mytest

Hi Blog. Yet another tale about Japan’s hastily-instituted and poorly-regulated NJ guest-worker program. Procuring cheap foreign labor to keep J industry from relocating overseas or going backrupt, the Trainee and Researcher Visa program scams have resulted in various human and labor rights abuses, child labor, and now according to the article below even murder. Quick comment from me after the article:

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

Slain farm association official took fees from both Chinese trainees, farmers

05/28/2007 The Asahi Shimbun

http://www.asahi.com/english/Herald-asahi/TKY200705280329.html

CHIBA–A slain former executive of a farm association had forced Chinese trainees to pay sizable fees that had already been covered by the farmers who accepted the trainees, sources said.

The funds provided by the trainees remain largely unaccounted for, they added.

Most of about 150 Chinese workers on a farm training program offered by the Chiba Agriculture Association had paid between 40,000 yuan and 110,000 yuan (about 600,000 yen and 1.65 million yen) under the pretext of training fees and travel expenses, according to a survey conducted by the association.

“The system whose initial purpose is to transfer technologies to developing countries is being exploited as a juicy business,” Ippei Torii, general secretary of Zentoitsu Workers Union, which supports foreign workers, said of the foreign trainee-intern system.

“The government will have to tell businesses not to accept trainees from organizations that collect expensive fees from the trainees.”

The former executive was fatally stabbed in August last year in an attack that also injured two others.

A 26-year-old Chinese farm trainee, accused of murdering the executive and other charges, had been working about 50 hours a month overtime for token pay, even though the training program banned participants from taking on extra work.

After learning that the trainee told police he came to Japan after borrowing money in China, the farm association started the survey last autumn to determine how much and to whom the trainees paid such fees.

“We left everything to the former executive as far as the training program is concerned,” the association’s chairman said. “It was a lack of supervision.”

All of the Chinese trainees, except for about 10 who did not respond to the survey, said they paid money to a training center, which was established in or around 2002 in Heilongjiang province by the former executive.

The candidates for the training program took Japanese language lessons and other lectures for about four months before coming to Japan.

“I had to pay 69,600 yuan to an instructor and other officials under the name of the association,” one trainee was quoted as saying.

Another handed over documents on real estate, and the family of a third trainee made an additional payment, according to the survey.

Senior officials of the association said they had no knowledge on how the center had been operated or how the fees were collected because the late executive was solely in charge.

Since fiscal 1999, when the training program was initiated, the farm association had collected about 500,000 yen from farmers for each trainee accepted. The fees were for training and travel expenses.

“I thought I had shouldered all the expenses necessary for the trainees to come to Japan,” one farmer said. “I didn’t know they were paying fees.”

Part of the money from the trainees was transferred to an account held by a company whose board members included the late executive. Some of the funds went to another account under the name of a relative of a Chinese woman who had served as an interpreter for the former executive.

The woman, who was injured in the attack last August, told The Asahi Shimbun that trainees paid 40,000 yuan in training fees before leaving China.

In addition, 20,000 yuan in “guarantee money” was collected from their families in the second year after they came to Japan.

“But I did not know Japanese farmers were shouldering the training fees,” she said.

Japan International Training Cooperation Organization, an affiliate of the Ministry of Health, Labor and Welfare and four other ministries, is calling on organizers of training programs for foreign workers to ensure transparency in expenses involved. But there is no clear legal basis for such system. (IHT/Asahi: May 28,2007)

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

COMMENT FROM ARUDOU DEBITO: Even GAIJIN HANZAI Magazine, a horribly-biased screed against NJ workers, residents, and immigrants (so awful that it was removed from shelves within days of going on sale last January) had a manga about this case sympathetic to the plight of these workers. Scans below.

This is especially surprising, in light of the fact that a different manga in the same book portrays Chinese–as a people–as natural-born killers).

You know these GOJ-sponsored programs must be pretty bad when they even turn off the xenophobes! Arudou Debito in Sapporo

GHpg832.jpg

http://www.flickr.com/photos/ultraneo/388097122/in/set-72157594531953574/

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http://www.flickr.com/photos/ultraneo/388097712/in/set-72157594531953574/

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http://www.flickr.com/photos/ultraneo/388098273/in/set-72157594531953574/

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http://www.flickr.com/photos/ultraneo/388098750/in/set-72157594531953574/

ENDS

FT: UN Committee against Torture castigates Japan’s judiciary

mytest

Hello Blog. The Financial Times (London) reports that more bodies within the UN are joining the fray and pointing out Japan as not only a slacker in the human rights arenas, but also as sorely lacking in terms of checks and balances regarding the criminal procedure and the judiciary.

We’ve been saying things like this for years, glad to see it catching fire.

Pertinent UN Press Releases on this subject dated May 2007 are in the Comments section below the article (to save space), so do click on “Comments” at the very bottom if you are interested. Related article on how this pressure is starting to affect things (such as recording interrogations) blogged here.

The entire 11-page report being referred to in the FT article below is downloadable in MS Word format at
UNComttTortureMay2007.doc

Arudou Debito in Sapporo

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

UN body attacks Japan’s justice system
By David Turner in Tokyo
Financial Times, May 23 2007

http://www.ft.com/cms/s/3dfc6122-08ca-11dc-b11e-000b5df10621.html
Courtesy of Ludwig Kanzler and Olaf Karthaus

A United Nations committee has castigated Japan’s criminal justice and prison system, listing a wide range of problems including the lack of an independent judiciary, an extremely low rate of acquittal and human rights abuses among detainees. The UN Committee Against Torture takes a broad interpretation of its brief, criticising the state’s physical treatment of citizens and the fairness of the justice system.

The report comes at an embarrassing time for Japan. The government has been trying to restore the country’s status as a nation with the moral and political authority of a world power, in addition to an economic powerhouse. Shinzo Abe has tried to accelerate this process since he became prime minister since last year, but with mixed results.

In an 11-page report completed last week, scarcely any part of the system escapes criticism. For example, it raises suspicions over a “disproportionately high number of convictions over acquittals”. There were only 63 acquittals in the year to March 2006, compared with 77,297 convictions, among criminal cases that had reached court, according to Japan’s Supreme Court.

In a version of the report released in Tokyo on Monday and described as “advanced unedited” [sic], the committee links the high conviction rate to the state’s emphasis on securing confessions before trial.

It cites fears about “the lack of means to verify the proper conduct of detainees while in police custody”, in particular “the absence of strict time limits for the duration of interrogations and the absence of mandatory presence of defence counsel”.

Parts of the law relating to inmates on death row “could amount to torture”, it says, criticising the “psychological strain imposed upon inmates and families” by the fact that “prisoners are notified of their execution only hours before it is due to take place”.

The committee also “is concerned about the insufficient level of independence of the judiciary”.

It attacks Japan’s dismissal of cases filed by “comfort women”, who were forced to work in military-run brothels during the war, on the grounds that the cases have passed the country’s statute of limitations.

The report, written after an 18-day session of the committee in Geneva, asks the Japanese government to consider a slew of measures, including “an immediate moratorium on executions”.

The committee issued its attack after receiving a report from the Japanese government on its efforts to prevent human rights abuses. All UN member states must submit such reports regularly, although the UN Committee scolds Japan for filing its report “over five years late”.

The committee’s findings are in line with complaints by human rights lawyers. But the report has attracted controversy within the UN.

Keiichi Aizawa, director of the Japan-based United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders, told the Financial Times: “The treatment of offenders in Japan is fair.”

Japan’s Justice Ministry declined to comment on the report.
ENDS
============================

REFERENCED UN COMMITTEE AGAINST TORTURE REPORT ON JAPAN MAY 2007 AVAILABLE IN FULL IN MS WORD FORMAT:
UNComttTortureMay2007.doc

Click on “Comments” below to see UN Press Releases.

Asahi: GOJ grants to local govts to help NJ residents

mytest

Hi Blog. Old article I missed from March 2007 reporting that the central government is responding to requests from local governments for financial assistannce for their NJ residents. Excellent. Let’s hope that it’s not just seen as a temporary stopgap measure. These people need help getting along and assimilating. Good news. Debito in Sapporo

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

Grants eyed to help foreigners settle
03/09/2007 THE ASAHI SHIMBUN

http://www.asahi.com/english/Herald-asahi/TKY200703090116.html

The central government will provide grants to 70 municipalities for measures to help their growing populations of foreign residents settle in the communities, officials said.

The new system will cover language programs for non-Japanese children before they enroll in school, improved disaster-prevention measures for foreign residents, and expenses to help them live in rental accommodations.

The Ministry of Internal Affairs and Communications plans to revise its ordinance later this month to offer the special grants to cover the municipalities’ expenses for fiscal 2006, the officials said. The measure may continue in and after fiscal 2007.

The number of registered non-Japanese residents in the nation nearly doubled to about 2.01 million in 2005 from about 1.07 million in 1990.

The grants will cover about 70 cities, towns and villages whose foreign populations have grown at a rate at least twice the national pace, according to the ministry.

Municipalities in Nagano, Shizuoka, Gifu, Aichi, Shiga and other prefectures are eligible for the grants this fiscal year.

Municipal governments with large populations of foreigners have been calling on the central government to shoulder expenses to deal with educational, medical and other issues related to the non-Japanese residents.

In the town of Oizumi, Gunma Prefecture, the number of registered non-Japanese residents grew from 1,315 in 1990 to 6,748 by the end of January 2007, a fivefold increase to a figure that now accounts for about 16 percent of the town’s population.

“We appreciate the fact that the central government is finally moving to take care of what has been a financial burden on the municipal government,” a town official said.

Of the foreign residents in Oizumi, 80 percent to 90 percent are from South America.

The town office spends about 50 million yen a year for measures to help non-Japanese residents, including employing assistant Japanese language teachers at elementary and junior high schools and producing Portuguese calendars that explain how to sort garbage and show the collection days.

In Hamamatsu, Shizuoka Prefecture, the population of residents from outside Japan has grown by about four times since 1990.

The Hamamatsu city government said it has allocated about 145 million yen in its fiscal 2006 budget for measures to help its estimated 30,000 non-Japanese residents.

The central government has distributed special grants to local governments to deal with natural disasters, heavy snowfalls and other needs.

The ministry will revise its ordinance on the special grants to include measures to deal with rapidly increasing populations of non-Japanese. (IHT/Asahi: March 9,2007)
ENDS

Yomiuri: Latest Stats on registered NJ numbers (2006)

mytest

Hi Blog. Latest figures for the population of registered NJ residents (i.e. anyone on 3-month visas and up) for 2006 (available at http://www.moj.go.jp/PRESS/070516-1.pdf) have just been made public by the Ministry of Justice (it takes about 5 months to tabulate the previous year’s figures).

The headline:

The numbers are still rising, regardless of the crappy visa conditions, the relative ministerial indifference shown the international families being raised in Japan, and the general bad-mouthing of NJ by the likes of Tokyo Gov Ishihara and the NPA.

In fact, although the average is usually around a net gain of 50,000 souls per year, 2006 saw a gain of about 70,000. Accelerating?

In any case, as the Japanese article states (https://www.debito.org/?p=410, this represents the 45th straight year the NJ population has risen, and at the rate reported below (3.6%), under the laws of statistics and compounding interest rates, this means the NJ population will double in about 20 years.

Got a little more to say, but I’ll save that for my next FUN FACTS. Debito in Sapporo

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

FOREIGN RESIDENTS AT RECORD HIGH
The Yomiuri Shinbun May. 22, 2007

http://www.yomiuri.co.jp/dy/national/20070522TDY01002.htm

The number of foreign residents in Japan as of the end of 2006 hit a record-high of 2.08 million, increasing 3.6 percent from the previous year, according to the Justice Ministry’s Immigration Bureau.

The figure of 2,084,919 accounted for 1.63 percent of the nation’s total population.

By nationality and place of origin, the two Koreas combined had the largest share at 28.7 percent, or 598,219. But because of the aging population and naturalization, the number of special permanent residents is decreasing after peaking in 1991.

In order of descending share after the two Koreas, China registered 26.9 percent or 560,741; Brazil, 15 percent or 312,979; and thereafter the order was the Philippines, Peru and the United States.

There were 188 different nationalities and places of origin.

By prefecture, Tokyo came top with 364,712. Thereafter, Osaka, Aichi, Kanagawa, Saitama, Hyogo, Chiba, Shizuoka, Gifu and Kyoto prefectures accounted for about 70 percent.

Gifu Prefecture increased by 7.6 percent from a year ago, and Aichi by 7.1 percent. The high rates of increase in the two Chubu region prefectures is thought to be attributable to the area’s favorable economic conditions.

(May. 22, 2007)
ENDS