Free Legal Consultation for NJ workers March 1, Sapporo

Posted on February 22, 2009 by Debito Arudou, Ph.D.

The legal service network for non-Japanese, a group of experienced lawyers dedicated to supporting non-Japanese residents, will provide free legal consultation to NJ working and living in Hokkaido on labor issues such as wrongful termination, unpaid wages, discrimination, harassment, and injury in the workplace. If you would like to seek legal advice about what course of action to take, please feel free to give us a call or come in for a consultation.

Date: March 1st, 2009 (Sun) 10:00-15:00
Sapporo Bengoshi Bldg. 5F
Kita 1 Nishi 10, Chuo-ku, Sapporo
(3 min. on foot from Exit 4, Nishi 11-chome Subway Station)

Japan Times FYI column explaining Japan’s Bubble Economy

Posted on February 21, 2009 by Debito Arudou, Ph.D.

On this snowiest of snowy days in Hokkaido, let me send out an excellent writeup from the Japan Times regarding the Japan I first came to know: The Bubble Economy. I first arrived here in 1986 as a tourist, and came to look around for a year in 1987. It was one great, big party. By the time I came back here, married, to stay and work, in 1991, the party was winding up, and it’s been over (especially up here in Hokkaido) ever since. Surprising to hear that it only lasted about five years. Eric Johnston tells us about everything you’d ever want to know in 1500 words about how it happened, how it ended, and what its aftereffects are. If you’re stuck inside today, have a good read. Excerpt:

“Economic historians usually date the beginning of the bubble economy in September 1985, when Japan and five other nations signed the Plaza Accord in New York. That agreement called for the depreciation of the dollar against the yen and was supposed to increase U.S. exports by making them cheaper.

But it also made it cheaper for Japanese companies to purchase foreign assets. And they went on an overseas buying spree, picking off properties like the Rockefeller Center in New York and golf courses in Hawaii and California.

By December 1989, the benchmark Nikkei 225 stock average had reached nearly 39,000. But beginning in 1990, the stock market began a downward spiral that saw it lose more than $2 trillion by December 1990, effectively ending the bubble era…

What was Japan like during those years? For many people, it was one big, expensive party. The frugality and austerity that defined the country during the postwar era gave way to extravagance and conspicuous consumption. Stories of housewives in Nara sipping $500 cups of coffee sprinkled with gold dust or businessmen spending tens of thousands of dollars in Tokyo’s flashy restaurants and nightclubs were legion. One nightclub in particular, Julianna’s Tokyo, become the symbol for the flashy, party lifestyle of the entire era.

Japan’s inflated land prices made global headlines. The Imperial Palace was reported to be worth more than France. A ¥10,000 note dropped in Tokyo’s Ginza district was worth less than the tiny amount of ground it covered…

DEBITO.ORG NEWSLETTER FEBRUARY 20, 2009

Posted on February 21, 2009 by Debito Arudou, Ph.D.

POLICING
1) Yomiuri et al. on new “Zairyuu Cards” to replace “Gaijin Cards”
2) Zainichi also get cards, although with relaxed conditions
3) GOJ claims victory in “halving overstayers” campaign, maintains myth that NJ fingerprinting did it
4) Japan Times Zeit Gist on Noriko Calderon, born in Japan, child of overstayers, and deportation

NJ CRIME EXPOSURE: MEDIA EXCESSES AND RESTRAINTS
5) Japan Today on Spa! magazine’s expose of “Monster Gaikokujin” running amok in Japan
6) Full four pages of Feb 17 2009 SPA! article on “Monster Gaikokujin” scanned
7) Mainichi: 3 Chinese arrested over paternity scam to get child Japanese citizenship
8 ) Asahi: NJ overstayers finding housing through name laundering ads

A MIXED BAG OF POTENTIAL LEGAL PRECEDENTS
9) Japan Times Zeit Gist on Berlitz’s lawsuit against unions for “strike damage”
10) The Economist on international divorce and child custody (Japan passim)
11) Japanese stewardesses sue Turkish Airlines for discriminatory employment conditions

…and finally…
12) Fun and Games at Hokuyo Bank: Extra questions for the gaijin account holder

New NJ policing Pt II: Zainichis also get cards, altho with relaxed conditions

Posted on February 20, 2009February 20, 2009 by Debito Arudou, Ph.D.

Next installment in the proposed new NJ policing regulations: how the Zainichi (“Special Permanent Residents”, i.e. the generational foreigners in Japan, descendants of former citizens from Imperial colonies) get cut a few breaks, but still have to carry a card 24-7 or else.

Also mentioned below are how “medium- and long-term residents” (are we talking one-year visas, three-year visas, and/or Regular Permanent Residents?) are getting different (and improved) treatment as well. Okay, but this system is now getting a bit hazy. It’s about time to find the proposal ourselves in the original Japanese, and lay things out online clearly where there are no space constraints. Eyes peeled, everyone. Let us know on Debito.org if you find it.

Yomiuri on new “Zairyuu Cards” to replace “Gaijin Cards”

Posted on February 18, 2009September 11, 2019 by Debito Arudou, Ph.D.

The new policing system for NJ is slowly materializing. In what looks to be a privy leak to the Yomiuri (scooping almost all the other newspapers according to a Google News search; distracted by a drunk Nakagawa and Hillary’s visit?), yesterday’s news had the GOJ proposal for new improved “Gaijin Cards”.

Yomiuri says it’s to “sniff out illegals” and to somehow increase the “convenience” for foreigners (according to the Yomiuri podcast the same day). It’s still to centralize all registration and policing powers within the Justice Ministry, and anyone not a Special Permanent Resident (the Zainichis, which is fine, but Regular Permanent Residents who have no visa issues with workplace etc.) must report minute updates whenever there’s a lifestyle change, on pain of criminal prosecution. Doesn’t sound all that “convenient” to me. I’m also not sure how this will be more effective than the present system in “sniffing out illegals” unless it’s an IC Card able to track people remotely. But that’s not discussed in the article.

I last reported on this on Debito.org nearly a year ago, where I noted among other things that the very rhetoric of the card is “stay” (zairyuu), rather than “residency” (zaijuu). For all the alleged improvements, the gaijin are still only temporary.

One bit of good news included as a bonus in the article is that NJ Trainees are going to be included for protection in the Labor Laws. Good. Finally. Read on.

Japan Times Zeit Gist on Berlitz’s lawsuit against unions for “strike damage”

Posted on February 17, 2009February 17, 2009 by Debito Arudou, Ph.D.

Here’s a landmark case, dismissed by activists as a “frivolous claim”, which will affect unions profoundly in future if the right to strike (a right, as the article notes, which is guaranteed by the Japanese Constitution Article 28 under organization and collective bargaining) is not held sacrosanct by a Japanese court.

Language school Berlitz, shortly after a request was filed with the authorities for an investigation of its employment practices, sued Begunto labor union for damages due to strikes. Although the article stops short of saying the epiphany-inducing words “union busting activities”, Berlitz below seems to playing for time in court, not even offering their reasons for their lawsuit by the appointed court date. Keep an eye on this case, readers. Next Labor Commission hearing date Feb 20 in Tokyo. Excerpt:

According to Hideyuki Morito, an attorney and Professor of Law at Sophia University, “There are four checkpoints as to propriety of the strike.” The striking union must be a qualified union under the Labor Union Act and the strike must be related to working conditions. The means of the strike must also be legal, so striking union members can’t occupy offices or interfere with operations. “In short, all they can do is not work ,” says Morito. Finally, unions must “try to bargain collectively with the employer before deciding to go on a strike and give a notice in advance when they will strike.”

Tadashi Hanami, professor emeritus at Sophia University, outlined what the company must prove to win. “The outcome of the court judgment depends almost entirely on whether the company can provide enough evidence to convince the judge that some of the union activities were maliciously carried out in order to intentionally cause undue damage, by disturbing normal running of day-by-day school business, thus exceeded the scope of legally protected bona fide collective actions as a kind of harassment.”

2009年2月28日シンポ「国際水準からみた日本の人権」—国連勧告をいかそうー後楽園付近にて

Posted on February 16, 2009 by Debito Arudou, Ph.D.

　　日時　　2009年2月28日（土）　午後1時30分〜4時30分
　　場所　　文京区民センター３Ａ
　　　　　　（東京メトロ「後楽園」、都営地下鉄「春日」下車）
　　参加費　　資料代として500円
第１部　シンポジウム
　「国連勧告の意義と国際人権定着のためにいま、何が必要か」
　　コーディネーター　鈴木亜英（議長、弁護士、国民救援会会長）
　　パネラー　新倉修（青山学院大学教授）、吉田好一（代表委員）
伊賀カズミ（日本国民救援会副会長）
第２部　各分野からの発言と討論
　カウンターレポート、「民の声」提出団体、総括所見で取り上げられたテーマを中心に。
第３部　まとめと課題の提起

Asahi: NJ overstayers finding housing through name laundering ads

Posted on February 16, 2009February 16, 2009 by Debito Arudou, Ph.D.

Continuing this mini-series in the uncovered permutations of NJ crime. Asahi reports that overstaying NJ involved in other types of crime are finding housing through a guarantor name laundering scheme.

Again, we’re getting another article (same as yesterday’s blog) just reporting the facts of the case (without resorting to quoting some “expert” about how this is indicative of NJ or Chinese character etc.). And it does report that this laundering is going through a Japanese (and includes his name). All good. Ironically, it seems as though it may be difficult to prosecute the guarantor for fraud (the NJ, however, would lose his housing contract). So punishment looks a tad one-sided. Again, there is a strong tendency to punish the employee not the employer, the user not the broker, as happens surprisingly often, say, for employers of overstayers and human traffickers. It’s the NJ which gets it in the neck.

Anyway, the guarantor system in Japan is a flawed one. We have people of any nationality unable to rent a place without a guarantor, and landlords all too often refuse to rent to a NJ even with a guarantor. It’s unsurprising to me that NJ would be finding a way around the system (they gotta live somewhere) and J brokers profiting from it. I’m just hoping that things like this won’t be further fodder for saying that NJ renters are worthy of suspicion (when this guarantor brokerage system is the subject of this article; after all, the system wouldn’t fly without a Japanese guarantor). To me (and again, this is not to diminish the crimes these perps are committing), Asahi reporting in such detail on the other crimes being committed by the NJ is a tad superfluous to the fraud cases at hand. Glad the quality of reportage is improving, in any case.

Mainichi: 3 Chinese arrested over paternity scam to get child Japanese citizenship

Posted on February 15, 2009July 24, 2018 by Debito Arudou, Ph.D.

Here’s an article in the Mainichi about a new form of crime: NJ falsifying paternity under Nationality Law revisions to try to claim Japanese citizenship. No doubt in the current NJ Blame Game climate we’ll get the Right Wing and wary xenophobes citing this as cases of NJ and the evils they do, and that we cannot give an inch (or amend any laws in future) to make life easier for NJ to immigrate and have their rights protected (after all, they might turn around and use potential legal loopholes as a means for criminal activity).

But to me (and this is not to excuse their crime) this issue is a matter of forgery that only NJ can do (after all, Japanese already have citizenship), and this is what criminals (again, regardless of nationality) get up to. People forging names for, say, fake bank accounts (and we won’t even get into white-collar crime and business fraud) happens aplenty in Japan, and not all of it makes the news. So I say: Whenever it happens, catch it, expose it, report it, and punish it, regardless of nationality. But don’t say NJ are doing it because NJ (especially Chinese, according to Tokyo Gov Ishihara) are more likely to commit crime.

Fortunately, the Mainichi doesn’t take that tack. It just reports the facts of the case. Good.

Japan Times Zeit Gist on Noriko Calderon, born in Japan, child of overstayers, facing deportation

Posted on February 13, 2009February 13, 2009 by Debito Arudou, Ph.D.

What could turn out to be a landmark case is that of Noriko Calderon, a NJ born to two NJ overstayers, who face deportation but have support and legal representation to the GOJ to try to force the issue of her needing to stay. It will be interesting to see how this turns out, as thin edge of the wedge questions are raised in the article below.

Excerpt: Commentary on many blogs has also been negative. “We can’t allow foreigners who came here illegally to stay,” wrote one critic on the free bulletin board 2channel. “If we do, many more will come to have children here and claim citizenship.”

Watanabe calls comments like that “a joke.” “Do people who say those things have any idea how difficult it is to come to a country like Japan and live for years hiding from the authorities? Do they know what it is like to raise a child illegally here?”

He estimates that there are between 100 to 200 similar cases around the country — illegal families with children who have been born and raised here. Amnesty is unlikely, meaning dozens more legal battles are likely in the coming years. Like Noriko, most of the children speak only Japanese and have never been to the “home” they are being sent back to…

Last year a group of 80 lawmakers from the ruling Liberal Democratic Party led by former party Secretary General Hidenao Nakagawa proposed allowing foreigners in Japan to increase to 10 percent of the population by 2050, the clearest statement on the issue so far.

“There is no effective cure to save Japan from a population crisis,” said the group. “In order for Japan to survive, it must open its doors as an international state to the world and shift toward establishing an ‘immigrant nation’ by accepting immigrants and revitalizing Japan.”

But Watanabe says such newfound openness stands in stark contrast to the way foreign workers already here are treated. “I want to ask Nakagawa-san and the LDP: ‘If Japan can’t accept families like the Calderons who have been living here for years, how can we invite more?’ ”

The Economist on international divorce and child custody (Japan passim)

Posted on February 11, 2009 by Debito Arudou, Ph.D.

The Economist print edition last week had a thorough story (albeit not thorough enough on Japan) on what divorce does to people when it’s international. Of particular note was that in Japan, the article noted that you don’t comparatively lose much money, but you lose your kids. It also mentions Japan’s negligence vis-a-vis the Hague Convention on child abduction. Excerpt:

“Japan has not signed [the Hague Convention] either—the only member of the rich-country G7 not to have done so. Canada and America are leading an international effort to change that. Foreign fathers, in particular, find the Japanese court system highly resistant to attempts even to establish regular contact with abducted and unlawfully retained children, let alone to dealing with requests for their return. Such requests are met with incomprehension by Japanese courts, complains an American official dealing with the issue. “They ask, ‘Why would a father care that much?’” Countries edging towards signing the Hague Convention include India, Russia and mainland China. But parents whose ex-spouses have taken children to Japan should not hold their breath: as Ms Thomas notes, even if Japan eventually adopts the Hague Convention, it will not apply it retrospectively.”

First Canada’s media and government,then America’s ABC News, then the UK’s Grauniad, and before The Economist came Australia’s Sydney Morning Herald. The story continues to seep out about Japan as a problematic party to a divorce and as a haven for child abduction. Now what we need is ever more big-impact media outlets such as The Economist to devote an entire story to it.

Fun and Games at Hokuyo Bank: Extra questions for the gaijin account holder

Posted on February 10, 2009 by Debito Arudou, Ph.D.

Had a little adventure today at Hokuyo Bank, Hokkaido’s biggest, where I found out that any foreign money transfers regardless of amount were to be asked questions about purpose. Even those well under (by a factor of 40) threshold amounts under domestic and international money laundering guidelines. Why? Because it’s at the bank’s discretion, and in application that means people with funny-sounding names keep getting targeted for suspicious questions. Ah well, it’s not only Hokuyo. Hokkaido Bank has a history of doing it too. But at least Dougin apologized for it and said they’ll do better. Hokuyo just asks for our understanding. Read all about my funny little excursion today into the world of the Columboes at Hokuyo…

Japanese stewardesses sue Turkish Airlines for discrim employment conditions

Posted on February 9, 2009February 9, 2009 by Debito Arudou, Ph.D.

Here’s something that didn’t make the English-language news anywhere, as far as Google searches show. Japanese stewardesses are suing Turkish Airlines for unfair treatment and arbitrary termination of contract. They were also, according to some news reports I saw on Google and TV, angry at other working conditions they felt were substandard, such as lack of changing rooms. So they formed a union to negotiate with the airline, and then found themselves fired.

Fine. But this is definite Shoe on the Other Foot stuff, especially given the conditions that NJ frequently face in the Japanese workplace. Let’s hope this spirit of media understanding rubs off for NJ who might want to sue Japanese companies for the same sort of thing.

DEBITO.ORG NEWSLETTER FEB 8, 2009

Posted on February 8, 2009 by Debito Arudou, Ph.D.

2-CHANNEL AND DEALING WITH INTERNET BULLIES
1) Japan Times JUST BE CAUSE Feb 3, 2009: “2channel the bullies’ forum” (full text)
2) Japan Today & Yomiuri: Criminal charges against Internet bullies
3) NYT on “The Trolls among us” and measures against trollery

THE RECESSION BITES
4) JASSO eliminating exchange student funding on medical expenses, meaning sicker ryuugakusei
5) Japan Times/Kyodo: Decrease in NJ “Trainees”

KARMA BITES BACK
6) Sumo wrestler Wakakirin expelled for smoking pot: Why’d it take so long?
7) Newly-elected Tsukuba City Assemblyman Jon Heese on the hows and whys of getting elected in Japan

…and finally…

8 ) Debito.org Poll on whether “discrimination is a right for Japanese people”
…surprising is that 20% effectively say yes.

JASSO eliminating exchange student funding on medical expenses, meaning sicker ryuugakusei

Posted on February 8, 2009 by Debito Arudou, Ph.D.

JASSO (Japan Student Services Organization), the group which offers very generous packages for ryuugakusei (exchange students) to come and take up spaces in Japanese universities, is being less generous as of late. This is a problem since how much those students are allowed to make up the shortfall is limited by visa status. Here’s an essay from YYZ about what’s going on there and the impact it’s having on different nationalities. Excerpt:

“As of April, that won’t even be a factor. The support [for medical insurance] will be zero. I can manage, I’m a poor grad student, but I can make decent money teaching English/translating on the side. For the typical Chinese student, it will make life a lot tougher.

Normally I don’t support handouts in the first place. But, since the Japanese government limits the amount of hours a student can legally work [28 hours per week, no more than 8 per day] thus limiting our income, [especially rough if the only job you can get is washing dishes for 750 an hour] some government consideration is only fair. We can’t live rent-free with Mama and Papa nor count on them for free food or to bail us out in times of need like most Japanese students. Not to mention the desire to travel home even just once a year. [I already can’t do that.]

Many students must be already violating their visa work conditions just to scrape by. Now, more students will delay medical care, or work even more overtime in violation of their visas. Because when the government limits a self-supporting student to 21,000 yen/week in income [at 750/hr] and already takes about 5000/month just to join NHI, losing the medical expense subsidy is a kick in the teeth, as it’s already impossible to follow the visa work laws and live as a self-supporting student without a full scholarship and/or burning up one’s life savings.”

Japan Today & Yomiuri: Criminal charges against Internet bullies

Posted on February 6, 2009February 6, 2009 by Debito Arudou, Ph.D.

Further to my Japan Times JUST BE CAUSE column earlier this week, here is somebody else who is finally taking action against Internet stalkers and bullies. Smiley Kikuchi, a comedian (whose name is listed in today’s Yomiuri), has finally gotten the NPA to get off their asses and actually prosecute people criminally for posting threatening messages.

Good for him. I get death threats all too frequently. The first time I got a major death threat, the police did nothing except take the threat letter, hold it for six years, and send it back with “inconclusive results”. The second time, much the same. In Kikuchi’s case, the messages were posted directly to his blog, by fools who didn’t realize that (unlike 2channel) their IP addresses would be visible.

Given how inept I consider the NPA to be about enforcing its own mandate, or even court decisions, I usually just delete messages to my blog that are malicious or threatening in tone. Now, thanks to Smiley, they just might be legally actionable.

Japan Times/Kyodo: Decrease in NJ “Trainees”

Posted on February 5, 2009February 5, 2009 by Debito Arudou, Ph.D.

Excerpt: The economic crisis is taking a toll on foreign trainees in Japan.

Preliminary data compiled by the Japan International Training Cooperation Organization show that the number of companies’ applications for permitting foreigners into Japan as trainees or technical interns last October fell 18.8 percent from a year earlier to 4,753.

The figure for November stood at 4,692, down 25.5 percent from a year before. The organization, jointly founded by the Health, Labor and Welfare Ministry and four other ministries, said Japanese firms are becoming reluctant to accept new foreign trainees in the face of the deteriorating economy.

Japan Times JUST BE CAUSE Feb 3, 2009: “2channel the bullies’ forum”

Posted on February 4, 2009February 4, 2009 by Debito Arudou, Ph.D.

Excerpt: Some salute [2channel’s coordinator] Nishimura as a “hero” and an “evangelist.” He’s also a willing abettor in the pollution of cyberspace, legitimizing an already powerful domestic bully culture with a worldwide audience. He had his day in court to explain himself. He didn’t show. He lost. Now he must pay up.

If not, there will be blow-back. Our government has already made reactionary overtures to limit “illegal or harmful content” (whatever that means) on the Internet. Be advised: Once you give the unsophisticated Japanese police a vague mandate over anything, you’ll have random enforcement and policy creep, as usual. Kaplooey goes cyberfreedom of speech.

Sumo wrestler Wakakirin expelled for smoking pot: Why’d it take so long?

Posted on February 3, 2009 by Debito Arudou, Ph.D.

I have been avoiding talking about the “puff pieces” about pot smokers in Sumo (I’m sure toking helps with the munchies around chanko-nabe time; we might even get people finding other uses for the hemp-like substance surrounding much of the ceremonial decor), because there was nothing particularly noteworthy or unfair about it. Three sumo wrestlers who just happened to be Russian got caught inhaling, and they got it in the neck. Dumb of them to do it.

However, now a Japanese rikishi, Wakakirin, just got caught and expelled. Funny thing is, he tested positive for the substance (twice) back in August like all the rest. Why wasn’t the bong lowered on him then?

More importantly, this becomes Debito.orgable because Kyodo just had to run a bit saying that he got his stash from foreigners in Roppongi. That’s right, even when it’s a Japanese gone to pot, weasel in some blame for the NJ all over again. Sheesh.

A couple of articles substantiating this follow.

Newly-elected Tsukuba City Assemblyman Jon Heese on the hows and whys of getting elected in Japan

Posted on February 2, 2009 by Debito Arudou, Ph.D.

What follows is an interesting (and in places deliciously irreverent) essay by Jon Heese, newly-elected naturalized Tsukuba City Assemblyperson, who encourages others to join him as elected local officials in Japan. He shows in this essay how he did it (he even looks a lot like Bill Clinton), with an important point: As long as you do your homework and figure out how your local system works, it should be possible for any number of people with international backgrounds (such as Inuyama’s Anthony Bianchi) to get in office and start making a difference.

Next Japan Times JUST BE CAUSE column out Tues Feb 3, on 2-Channel and Japan’s Bully Society

Posted on February 1, 2009February 1, 2009 by Debito Arudou, Ph.D.

My next Japan Times article comes out in two days, on Tuesday, Feb 3 (Weds Feb 4 for subscribers in the provinces). This time on 2-Channel BBS, and how it’s representative of Japan’s very well-developed (and oddly protected) Bully Society. No doubt it’ll cause the perfunctory frenzy of anonymous net denizens who confuse attacking the writer with actually making a counterpoint against the points he raises. (Whenever I raise the issue on this blog, out come the “kill yourself why don’tcha” posts. Never mind. The spam key is but a mouse-reach away.) But if anything, that’ll just reinforce the points made in the essay. Have a read on Tuesday!

DEBITO.ORG NEWSLETTER FEBRUARY 1, 2009

Posted on February 1, 2009December 23, 2009 by Debito Arudou, Ph.D.

IRONIES
1) Outrage over Mie-ken teacher criminalizing students thru fingerprinting. Well, fancy that.
2) The Australian Magazine 1993 on Gregory Clark’s modus operandi in Japan
3) Tsukiji Fish Market reopens, the NJ blame game continues
4) BBS 2-Channel’s Nishimura sells off his golden goose
(and my upcoming JT column Feb 3 on 2-Channel and Japan’s Bully Culture)
5) IHT on Buraku Nonaka vs Barack Obama
6) Kyodo/JT: Death penalty obstructs “presumption of innocence” in Japanese justice
7) Irish Times on Jane v. NPA rape case (she lost, again)
8 ) Kirk Masden on NJ crime down for three years, yet not discussed in media.

NOT TAKING IT LYING DOWN
9) Kyodo: Brazilian workers protest layoffs at J companies
10) Wash Post on GOJ efforts to get Brazilian workers to stay
11) Google zaps Debito.org, later unzaps thanks to advice from cyberspace
12) Southland Times on how New Zealand deals with restaurant exclusions
13) Question on Welfare Assistance (seikatsu hogo) and privacy rights
14) UN News on upcoming Durban human rights summit and Gitmo

… and finally …
15) Documentary SOUR STRAWBERRIES on Japan’s hidden NJ labor market
Japan Roadshow March 20 – April 1
Screenings in Tokyo, Tsukuba, Hikone, and Okayama confirmed
more being arranged in Nagoya, Osaka, Fukuoka, Kumamoto, and Sapporo

Kyodo/JT: Death penalty obstructs “presumption of innocence” in Japanese justice

Posted on January 31, 2009January 31, 2009 by Debito Arudou, Ph.D.

This is not a “NJ issues”-specific post today (although issues of criminal justice ultimately affect everybody, except maybe bent cops). But this short article on a presentation, regarding the aftermath of the famous 1948 Teigin Bank Poisoning Incident (where a bank robber posed as a doctor, told everybody that there had been an outbreak of dysentery, and to take medicine that was actually poison; themes of Milgram’s Experiment), calls into question the use of the death penalty not as a preventive deterrent or a form of Hammurabian justice, but as a weapon during interrogation. I have brought up issues of “presumption of guilt” (where the accused has to prove his innocence, despite the Constitution) here before. This too-short article is still good food for thought about the abuses of power, especially if governing life and death. Choice excerpt:

“The death penalty is a ‘weapon’ for investigators. They could tell suspects, ‘You will be hanged if you do not admit to the charges,’ ” he said.

As for the Teigin case, more than 30 justice ministers refused to sign the execution order, and Yasuda told the audience of about 50, “They must have had concerns over the possible discovery of the real culprit, but they refused to release Hirasawa to save the ‘honor’ of the legal system.”

Outrage over Mie-ken teacher criminalizing students thru fingerprinting. Well, fancy that.

Posted on January 30, 2009February 9, 2009 by Debito Arudou, Ph.D.

I received word a couple of days ago from James and AS about a schoolteacher in Mie-ken who dealt with a suspected theft by taking everyone’s fingerprints, and threatening to report them to the police. He hoped the bluff would make the culprit would come forward, but instead there’s been outrage. How dare the teachers criminalize the students thusly?

Hm. Where was that outrage last November 2007, when most NJ were beginning to undergo the same procedure at the border, officially because they could be agents of infectious diseases, foreign crime, and visa overstays? How dare the GOJ and media criminalize NJ residents thusly?

I’m not saying what the teacher did was right. In fact, I agree that this bluff was inappropriate. It’s just that given the sudden outrage in the media over human rights, we definitely have a lack of “shoe on the other foot” -ism here from time to time.

The Australian Magazine 1993 on Gregory Clark’s modus operandi in Japan

Posted on January 29, 2009January 29, 2009 by Debito Arudou, Ph.D.

At the start of this decade, I republished an article in the JALT PALE Journal (Spring 2001) regarding Gregory Clark, his business acumen regarding language teaching in Japan, and his motivations for being who he is in Japan.

Gregory Clark has recently called attention to himself with a bigoted Japan Times column, questioning our legitimacy to have or even demand equal rights in Japan. As people debate his qualifications and motives all over again, I think it would be helpful to reproduce the following article in a more searchable and public venue. Like here.

I have heard claims that this article in The Australian was met with threat of lawsuit. Obviously that came to naught. Since The Australian has given me direct permission to reproduce this article in full, let me do so once again here. Choice excerpt:

Greg Clark is the first of nine children sired by Sir Colin Clark, a famous economist and statistician who is credited with measuring and describing concepts in the thirties that are part of everyday economic jargon these days. While working with one of the centuries most influential economists, John Maynard Keynes, at Cambridge University, Colin Clark coined and refined such terms as gross national product, and primary, secondary, and tertiary industry…

Colin Clark was also the subject of a thesis just after the war by a young Japanese economist called Kiichi Miyazawa, who then rose through the bureaucratic and political ranks to become prime minister, a connection that hasn’t hurt his son since he arrived in Tokyo. Japan’s leading conservative daily, The Yomiuri Shimbun, also listed Clark as an academic contact of the country’s new Prime Minister, Morihiro Hosokawa…

…[T]he Emeritus Professor of Economics at the ANU, Heinz Arndt, who supervised Clark’s Ph.D at the ANU until his student quit “to my utter disgust” just before he finished, remembers the problem this way. “Drysdale and the whole group were not happy about bringing him into the project, partly because he was in Tokyo, and partly because of differences in approaches and temperament. In other words, he is an extremely difficult person who thinks that anybody who disagrees with him is a complete idiot.”

Irish Times on Jane v. NPA rape case (she lost, again)

Posted on January 28, 2009January 28, 2009 by Debito Arudou, Ph.D.

Irish Times: Jane is one of hundreds of women assaulted by US military personnel annually around the world, including in Japan, home to over 80 American bases and about 33,000 troops. The military presence is blamed for over 200,000 mostly off-duty crimes since the Japan-America Security Alliance was created in the early 1950s.

The bulk are petty offences but in one of the most notorious, a 12-year-old schoolgirl was raped and left for dead by three US serviceman on the southern island of Okinawa, reluctant home to nearly three-quarters of all US military facilities in Japan.

That 1995 crime shook the half-century alliance, sparking huge anti-US rallies and cries of “never again”. Last year a 14-year-old was raped by a US marine, one of several similar assaults against Japanese and Filipino women.

Protests forced the US military to set up recently a “sexual assault prevention unit”. Opponents say, however, that the incidents are an inevitable consequence of transplanting young and often traumatised trained killers into a local population they neither know nor respect.

Tensions between locals and the military are exacerbated by extraterritorial rights enjoyed by US personnel under the Status of Forces Agreement, which often allows them to avoid arrest for minor and sometimes even serious crimes. The agreement was reinforced by a recently uncovered deal between Washington and Tokyo to waive secretly jurisdiction against US soldiers in all but the most serious crimes, according to researcher Shoji Niihara.

Question on Welfare Assistance (seikatsu hogo) and privacy rights

Posted on January 27, 2009January 31, 2009 by Debito Arudou, Ph.D.

Got a question from TtoT at The Community today that deserves answering. In these days of mass layoffs and people on unemployment insurance, apparently the welfare offices are able to call up relatives and check to see if applicants really are financially as badly off as they say. As the poster points out below, there are privacy issues involved. Anyone know more about this? If so, comments section. Thanks.

Wash Post on GOJ efforts to get Brazilian workers to stay

Posted on January 26, 2009January 26, 2009 by Debito Arudou, Ph.D.

Wash Post: “Our goal is to get [NJ workers] to stay,” said Masahiko Ozeki, who is in charge of an interdepartmental office that was established this month in the cabinet of Prime Minister Taro Aso. “As a government, we have not done anything like this before.”

Japanese-language courses, vocational training programs and job counseling are being put together, Ozeki said, so immigrants can find work throughout the Japanese economy. There is a shortage of workers here, especially in health care and other services for the elderly.

So far, government funding for these emerging programs is limited — slightly more than $2 million, far less than will be needed to assist the tens of thousands of foreign workers who are losing jobs and thinking about giving up on Japan. But Ozeki said the prime minister will soon ask parliament for considerably more money — exactly how much is still being figured out — as part of a major economic stimulus package to be voted on early this year.

The government’s effort to keep jobless foreigners from leaving the country is “revolutionary,” according to Hidenori Sakanaka, former head of the Tokyo Immigration Bureau and now director of the Japan Immigration Policy Institute, a research group in Tokyo.

“Japan has a long history of rejecting foreign residents who try to settle here,” he said. “Normally, the response of the government would have been to encourage these jobless people to just go home. I wouldn’t say that Japan as a country has shifted its gears to being an immigrant country, but when we look back on the history of this country, we may see that this was a turning point.”

UN News on upcoming Durban human rights summit and Gitmo

Posted on January 25, 2009January 25, 2009 by Debito Arudou, Ph.D.

Two posts from UN NEWS that are tangental but within the pale of Debito.org.

First up is news about the next big human rights summit in Durban, South Africa. The last one was at the beginning of this decade. Those interested in attending (I would, but again, no money) might want to start making plans.

Second, I was asked recently by a friend, “What do you want to see Obama do immediately after taking office?” I answered back with a question, “You mean personally, or big-picture?” Both. “Okay, personally, state publicly that the USA will not support any application by Japan to the UN Security Council until it honors its treaty promises, including passing an enforceable law against racial discrimination.” But that’s easily backburnerable. “But big-picture, I want to see Obama close Guantanamo, that running sore of human-rights abuses that is arguably doing more to encourage anti-American sentiment worldwide than anything else.”

Well, the big-picture was precisely what Obama took steps to do his first working day in office. Bravo. And the UN recognizes it as such.

2-Channel’s Nishimura sells off his golden goose

Posted on January 24, 2009January 24, 2009 by Debito Arudou, Ph.D.

After years of online threats against me (by people who can neither do research or demonstrate any reading comprehension) for apparently either bankrupting their beloved 2-Channel, or taking it over through lawsuit victory (both untrue, but anonymous Netizen bullies never held truth or fact in high regard), 2-Channel founder and coordinator Nishimura Hiroyuki sold off his golden goose. One which he claimed made him a comfortable living — and a safe haven from libel lawsuits.

No longer. If he ever sets foot in the real world, with a real salary and a real traceable bank account, he’ll never earn money again. There are dozens of people who have an outstanding lien on his assets thanks to court rulings against him. I am among them. He knows that. Let’s see how many steps this abetting polluter of cyberspace can keep ahead of the authorities.

Kirk Masden on NJ crime down for three years, yet not discussed in media.

Posted on January 23, 2009January 23, 2009 by Debito Arudou, Ph.D.

The NPA has released crime stats for NJ, and foreign crime is down again. For the third year in a row. Despite the unwavering increase in NJ population. But you wouldn’t know it by reading the media. You would have, however, if NJ crime had gone up, as past media campaigns have bent over backwards to report. So now we’ve got the media instead bending over backwards to bash NJ for being “unmannerly” and spoiling it for everyone. Who’s spoiling what for whom?, I daresay. Kirk Masden comments with a scan of the crime stat chart in this blog entry.

Kyodo: Brazilian workers protest layoffs at J companies

Posted on January 22, 2009January 22, 2009 by Debito Arudou, Ph.D.

I’m glad the media is picking this up. People who have been here for decades are being laid off. And instead of getting the representation that shuntou regularly entitles regular Japanese workers, they’re resorting to the only thing they have left (save repatriation): Taking it to the streets.

A reliable source told me yesterday that he expects “around 40%” of Brazilian workers to return to Brazil. They shouldn’t have to: They’ve paid their dues, they’ve paid their taxes, and some will be robbed of their pensions. They (among other workers) have saved Japanese industries, keeping input costs internationally competitive. Yet they’re among the first to go. A phenomenon not unique to Japan, but their perpetual temp status (and apparent non-inclusion in “real” unemployment stats, according to some media) is something decryable. Glad they themselves are decrying it and the media is listening.

IMADR: 管理ではなく「共生」のための制度を！—入管法改悪「在留カード」制度など

Posted on January 21, 2009 by Debito Arudou, Ph.D.

１）管理ではなく「共生」のための制度を！—入管法改悪「在留カード」制度
　　に反対する外国籍＆日本籍市民の共同集会—
・主催：「在留カードに異議あり！」NGO実行委員会
　　　　　（呼びかけ団体：外国人人権法連絡会）
・日時： 2009年1月24日(土)　午後 2時〜5時
・場所：在日本韓国YMCAアジア青少年センター　9Fホール
　　　　（東京都千代田区猿楽町2-5-5）

Public Meeting: NGOs protest new Gaijin Card System Sat Jan 24 Tokyo

Posted on January 21, 2009 by Debito Arudou, Ph.D.

Public gathering against the government’s new plan to introduce “Zairyu Kaado (resident card)” system

Date: Saturday, 24 January 2009
Time: 14:00 – 17:00
Venue: B1F, YMCA Asia Youth Center
2-5-5 Sarugaku-cho, Chiyoda-ku, Tokyo, 101-0064, Japan
JR Suidobashi sta. 6min, Ochanomizu sta. 9min, Subway Jimbocho sta 7min
http://www.ymcajapan.org/ayc/jp/
Admission: 500 yen
Simultaneous translation service available (Japanese-English)

Organized by:
NGO Committee against the introduction of “Zairyu Kaado (resident card)” system

Google zaps Debito.org

Posted on January 20, 2009January 20, 2009 by Debito Arudou, Ph.D.

Tangent: Google has notified me that they’re delisting Debito.org from its search engines for cloaked text inserted on our site. Yet Google won’t reveal on what page it’s on so we can fix the problem. We can’t find it. So we’re stuck with an unfair delisting and that’s that. Advice from cyberspace appreciated, especially since this oddly-enforced policy will affect other websites and blogs as well.

IHT on Buraku Nonaka vs Barack Obama

Posted on January 19, 2009January 19, 2009 by Debito Arudou, Ph.D.

What with the impending Obama Presidency, there is a boom in “change” theory, with press speculation whether a landmark incident that so countermands a society’s history could likewise do the same in other (apparently historically-intransigent) societies. Here’s an article on the NYT/IHT on what happened when a minority in Japan, a member of the Buraku historical underclass, got close to the top job, and what the current blue-blooded leader (Aso) allegedly did to stop it. The article about former Dietmember Nonaka Hiromu ends on a hopeful note, but I’m not so positive.

Quoting from one of my Japan Times articles, December 18, 2007:

“After the last election, 185 of 480 Diet members (39%) were second- or third- (or more) generation politicians (seshuu seijika). Of 244 members of the LDP (the ruling party for practically all the postwar period), 126 (52%) are seshuu seijika. Likewise eight of the last ten Prime Ministers, andaround half the Abe and Fukuda Cabinets. When the average turnover per election is only around 3%, you have what can only be termed a political class.”

Until the electorate realizes that their legislative body is a peerage masquerading as an elected body, and vote out more technically-inherited seats, “change” in terms of minority voices being heard will be much slower in coming.

Documentary SOUR STRAWBERRIES Japan Roadshow Feb and March 2009. Contact Debito for a screening.

Posted on January 18, 2009 by Debito Arudou, Ph.D.

DOCUMENTARY “SOUR STRAWBERRIES”
“JAPAN’S HIDDEN GUEST WORKERS”
NATIONWIDE ROADSHOW FEBRUARY AND MARCH 2009
MAR 20-31 DEBITO ON TOUR, STOP BY YOUR AREA AND SCREEN?

So far, I will be screening and speaking on the film at the following dates:
==============================================
MON MARCH 23 NUGW SHINBASHI TOKYO
TUES MARCH 24 AMNESTY INT’L AITEN TAKADANOBABA TOKYO
THURS MARCH 26 SHIGA UNIVERSITY
==============================================
If you’d like me to screen in your neighborhood between March 20 and 31, please contact me at debito@debito.org

Southland Times on how New Zealand deals with restaurant exclusions

Posted on January 17, 2009January 17, 2009 by Debito Arudou, Ph.D.

As another template about “what to do if…” (or rather, a model for what the GOJ should be more proactive about) when you get a restaurant refusing customers on the basis of race, ethnicity, national background, etc., here’s an article on what would happen in New Zealand. Here’s a Human Rights Commission and a media that actually does some follow-up, unlike the Japanese example. Then again, I guess Old Bigoted Gregory would rail against this as some sort of violation of locals’ “rights to discriminate”. Or that it isn’t Japan, therefore not special enough to warrant exceptionalism. But I beg to disagree, and point to this as an example of how to handle this sort of situation.

DEBITO.ORG NEWSLETTER JANUARY 16, 2009

Posted on January 17, 2009 by Debito Arudou, Ph.D.

Table of Contents:

=========================================================
BAD SCIENCE
1) Gregory Clark argues in Japan Times that “Antiforeigner discrimination is a right for Japanese people”
2) Japan Times Zeit Gist followup on Dec’s Otaru Onsen lawsuit analysis
3) Sankei: A manual to help NJ “illegal overstays” evade police
4) Kyodo: Special unemployment office being studied, only for “NJ workers with PR”
5) AP/Guardian on Japan’s steepest population fall yet, excludes NJ from tally
6) Kyodo: NJ to be registered as family members (residents?) by 2012
7) AFP and Yomiuri: How to get around J border fingerprinting: Tape!
8 ) Tokyo High Court overrules lower court regarding murder of Lucie Blackman:
Obara Joji now guilty of “dismemberment and abandonment of a body”

BAD BUSINESS
9) German documentary SOUR STRAWBERRIES preview, with Debito interview
10) Japan Times on NJ workers: No money for food or return flight
11) Japan Times on future J housing markets, tax regimes, and why J houses are built so crappily

MULTICULTURAL DEVELOPMENTS
12) Excellent Japan Times roundup on debate on J Nationality Law and proposed dual citizenship
13) Another excellent JT article on dual nationality and the conflicts within
14) Japan Times on international trends towards allowing citizens to become multinational
15) Economist on Japanese immigration and conservatism giving way
16) All registered NJ will in fact now get the 12,000 “economic stimulus” bribe
17) Japan Times Zeit Gist on Chinese/Japanese bilingual education in Japan

HOLIDAY TANGENTS
18 ) Xmas List: Ten things I think Japan does best
19) Retrospective: 10 things that made me think in 2008
20) Humor: Cracked Mag Online on unappetizing restaurants
21) Humor: Robin Williams stand-up comedy on Obama’s election
22) Humor: “Beware of the Doghouse”: For you men with thoughtless holiday gifts
23) History tangent: Japan Times FYI on Hokkaido development

… and finally…
24) Interview with Debito on TkyoSam’s Vlog: Shizzle!
=========================================================

Sankei: manual to help NJ “illegal overstays” evade police: 「不法滞在者向け職質逃れマニュアル出回る」

Posted on January 15, 2009 by Debito Arudou, Ph.D.

Mark in Yayoi translates yet another inflammatory article from the Sankei Shinbun, warning police that even overfriendly foreigners may be suspicious, thanks to some mail-in underground manual on how to evade police ID Checkpoints:

“We’ll teach you how to get away when the police stop you on the street!” This is the catch copy for a manual that is now circulating, instructing illegal aliens on how to escape from police questioning. Supposedly it was sold through newspapers and free magazines aimed at Chinese and Koreans in Japan. Organized Crime Bureau No. 1 of the National Police Agency has obtained this manual, and is sending warnings to each police station. The police are strengthening their vigilance as these newspapers, carrying illegal advertisements, are becoming breeding grounds for crime [hanzai no onshou]…

“Here is another interesting technique. File a ‘lost item report’ at all the police boxes in the area. Then, on the same day, go to one of them and get the report erased, saying that ‘the person who found my wallet got in touch with me’. In the evening, when you pass that police box, greet them [aisatsu] yourself and say ‘my wallet has been returned’. By saying hello to them three times a day, they’ll think of you as one of the area’s ‘polite foreigners [reigi tadashii gaikokujin da na]’, and you’ll be able to walk by without fear.”

The Bureau has circulated an internal memo to police stations warning that illegal aliens are using these methods to escape detection, and have advised the police to take care in questioning people [shokumu shitsumon jou no chuui o yobikaketa]. There is no applicable law, however, making sale of this manual a crime.

Kyodo: Special unemployment office being studied for NJ workers with PR

Posted on January 14, 2009January 14, 2009 by Debito Arudou, Ph.D.

Here’s some very mixed news. The GOJ will study how to offer help unemployed NJ to make sure inter alia their kids stay in school. Thanks, but then it limits the scope to Permanent Residents. Probably a lot more of the NJ getting fired are factory workers here on visas (Trainee, Researcher, etc) that give the employer the means to pay them poorly and fire them at will already. So why not help them? Oh, they and their kids don’t count the same, I guess. Considering how hard and arbitrary it can be to get PR in the first place, this is hardly fair. Expand the study group to help anyone with a valid visa.

Japan Times on international trends towards allowing citizens to become multinational

Posted on January 13, 2009 by Debito Arudou, Ph.D.

Excerpt: As of 2000, around 90 countries and territories permitted dual citizenship either fully or with exceptional permission, according to the “Backgrounder,” published by the Center for Immigration Studies in the United States, and “Citizenship Laws of the World” by the U.S. Office of Personnel Management.

Since the reports came out, several countries have lifted bans on dual nationality. As a consequence, there are more than 90 countries backing dual nationality by default today.

“The trend is dramatic and nearly unidirectional. A clear majority of countries now accepts dual citizenship,” said Peter Spiro, an expert on multi nationality issues at Temple University Beasley School of Law. “Plural citizenship has quietly become a defining feature of globalization.”…

The change in jus sanguinis countries first grew prominent in European countries, followed by some South American and Asian states, largely as a result of economic globalization and the expansion in people’s mobility over the past few decades.

Europe’s general acceptance of dual nationality is stated in the 1997 European Convention on Nationality, which stipulates that while member states can define their own citizens, they must at least allow children of international marriages and immigrants to hold dual nationality.

This was a major shift from traditional attitudes in the region, stated in a 1963 convention that supported the single nationality principle.

AFP and Yomiuri: How to get around J border fingerprinting: tape!

Posted on January 12, 2009 by Debito Arudou, Ph.D.

Here’s an update about that old fingerprinting at the border thingie “to prevent terrorism, infectious diseases, and foreign crime”. Here’s one way how you get around it: special tape on your fingers! Two articles on this below.

Also, just so that people are aware that your fingerprints are NOT cross-checked immediately within the database: I have a friend who always uses different fingers when he comes back into Japan (index fingers one time, middle fingers the next, alternating; Immigration can’t see), and he has NEVER been snagged (on the spot or later) for having different fingerprints from one time to the next. Try it yourself and see. Anyway, if people are getting caught, it’s for passports, not fingerprints.

Another excellent JT article on dual nationality and the conflicts within

Posted on January 10, 2009January 10, 2009 by Debito Arudou, Ph.D.

Here’s another article from the toshiake excellent series in the Japan Times on Japan’s loopy nationality laws: This time talking about what some people who are the projects of J-NJ unions in Japan face in terms of legality and societal treatment. It raises the question we’ve been asking here on Debito.org for more than a decade now: Why do we have to force these people to give up part of themselves to be Japanese? What good does it do them, and how does it serve the interests of the State to put people through this identity ordeal? Enough already. Allow dual nationality and be sensible. You’ll get more Nobel Prizes. Choice excerpt:

“The number of international marriages in Japan has steadily increased over the years, peaking in 2006 at 44,701, accounting for 6.5 percent of all marriages that year according to health ministry statistics. The number of children born with multiple nationalities is believed to have been increasing accordingly, with unofficial government estimates predicting that there were 530,000 as of 2006.”