Arudou Debito s Home Page: Issues of Life and Human Rights in Japan
I'm very happy to announce that yesterday I formally received my Ph.D. in International Studies from Meiji Gakuin University in a ceremony on their Shirogane Campus. Here's a photo:
SCMP (Hong Kong) on MOFA Hague Pamphlet: “‘Racist’ cartoon issued by Japanese ministry angers rights activists”, cites Debito.org (UPDATE: ...
SCMP: But manga-style images of foreign fathers beating children and Japanese women portrayed as innocent victims have raised the hackles of campaigners, both those fighting discrimination against foreigners and non-Japanese who have been unable to see children who have been abducted by Japanese former spouses. "It's the same problem with any negotiations in which Japan looks like it has been beaten," said Debito Arudou, a naturalised Japanese citizen who was born in the United States and has become a leading human rights activist. "After being forced to give up a degree of power by signing the Hague treaty, they have to show that they have not lost face and they try to turn the narrative around," he said. "It's the same as in the debate over whaling. "The Japanese always see themselves as the victims, and in this case, the narrative is that Japanese women are being abused and that the big, bad world is constantly trying to take advantage of them." Arudou is particularly incensed by the cover of the publication, which shows a blond-haired foreigner hitting a little girl, a foreign father taking a child from a sobbing Japanese mother and another Japanese female apparently ostracised by big-nosed foreign women. "It is promoting the image that the outside world is against Japanese and the only place they will get a fair deal is in Japan," said Arudou. UPDATE: THIS SCMP ARTICLE PRODUCED AN ARTICLE IN HUFFINGTON POST JAPAN:
2014 MOFA pamphlet explaining Hague Treaty on Child Abductions to J citizens (full text with synopsis, including child-beating NJ father on cover &...
Japan, after years of pressure from overseas, is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, where children of international marriages are to be protected against psychologically-damaging abductions and severed contact with one parent after marriage dissolution and divorce. Debito.org has covered this issue extensively in the past. What matters now is how Japan intends to enforce the treaty. Debito.org has argued that we are not hopeful about Japan following the spirit of the agreement in good faith. It has been reinterpreting sections with caveats to give the Japanese side undue advantages in negotiations, indirectly portraying the Non Japanese (NJ) party as the suspicious interloper, redefining important issues such as domestic violence (DV) to include heated arguments and "silent stares" etc., refusing to see abductions by the Japanese parent as much more than a natural repatriation, and not being self-aware that in Japan, child abduction and severed contact with one parent is quite normal (due in part to the vagaries of the Family Registration System (koseki)), but not necessarily in the best interests of the child. Japan has been, in short, a haven for international child abductions, and how the GOJ will interpret the Hague to its people is crucial for change in public mindsets and enforcement. To that end, Debito.org is fortunate to have received a copy from a concerned reader of a 2014 Ministry of Foreign Affairs (Gaimushou) pamphlet explaining the Hague to the Japanese public. Scanned below in full, within its discourse are troubling assumptions and presumptions that bear scrutiny and exposure, as they remain along the lines of the concerns expressed above. If this is Japan's official mindset towards international child abductions, then Debito.org remains pessimistic, if not cynical, about Japan's intentions to enforce the Hague in good faith.
Quoted in BBC Brasil (original Portuguese & machine E translation): “Japan receives criticism from the UN after wave of xenophobia in the streets”
Got quoted (and some of Debito.org's "Japanese Only" signs posted) in BBC Brasil today (thanks Ewerthon for the link). I'll paste the article below with the Google machine translation in English afterwards. Corrections welcome. Machine translated excerpt: "A report of the UN Human Rights Committee referred to the Japanese government, highlights the passive reaction of the police in demonstrations of this kind. The authorities have been criticized for only observe, without taking any effective action to curb abuses. In late August, the UN Committee on the Elimination of Racial Discrimination requested that the country "firmly approached the manifestations of hatred and racism and incitement to racial hatred and violence during public demonstrations." Since 2013, Japan has registered more than 360 cases of racist demonstrations and speeches.[...] For the writer, activist and American-born researcher naturalized Japanese Arudou Debito, "(such discriminatory attitudes) have become increasingly overt, organized, and normalized." Debito collects, since 1999, pictures of signs of shops, bars, restaurants, karaoke bars, many of them sent in by readers from all over Japan, with English phrases - and even in Portuguese - prohibiting the entry of foreigners. The collection became a book entitled Japanese Only: The Otaru case of spa and racial discrimination in Japan. [NB: Not quite right, but my clarification was ignored by editors.] Debito is said still worried that with the increasing dissemination of the thoughts of the extreme right, the cause get more and more "fans"."Japan still has the belief that extremism is less likely to happen in its 'peaceful society'"," he explained. "I do not think it's that simple. Ignoring the problems of hatred, intolerance and exclusivism towards minorities hoping they simply disappear too is a positive and historically dangerous thought." The Brazilian community in Japan is also a constant target of discriminatory attitudes. Fourth largest group among the foreigners living in the country, Brazilians are constantly complaining of abuses generated by racial discrimination and the issue is always raised in discussions with local authorities...
JT: Ishihara and Hiranuma’s conservative party to submit bill halting welfare for needy NJ a la July Supreme Court decision
In a show of xenophobia mixed with outright meanness, Japan's political dinosaurs (we all know what a nasty person Ishihara Shintaro is, but remember what kind of a bigot Hiranuma Takeo is too) will propose legislation that will officially exclude NJ taxpayers down on their luck from receiving the benefits to social welfare that they have paid into. Put simply, they are seeking to legislate theft. Oh, and just in case you think "if you want equal rights in Japan, you should naturalize", they've thought of that too, and according to the article below are calling for naturalization to become more stringent as well. This is on the heels of a dumbfoundingly stupid Supreme Court decision last July that requires Japanese citizenship for access to public welfare benefits. I've heard people say that all this decision did was clarify the law, and that it won't affect the local governments from continuing to be more humanitarian towards foreign human residents. But you see, it HAS affected things -- it's now encouraged rightists to codify more exclusivity, not leftists more inclusivity. In this currently far-right political climate in Japanese politics and governance, more exclusionism, not less, will become normalized, as long as the mindsets and actions of these horrible old men are allowed to pass without comment or critique. Well, that's one reason Debito.org is here -- comment and critique -- and we say that these old bigots should have their legacy denied. But remember, it's not as simple as waiting for the Old Guard to die off (Nakasone Yasuhiro, remember, is still alive and pretty genki at age 96), because a new generation of conservative elites are waiting like a row of shark's teeth to replace the old. Be aware of it, and tell your voting Japanese friends about how this affects you. Because no-one else can with such conviction. You must do all that you can so your legacy, not theirs, wins.
Japan Times JUST BE CAUSE column 79, on Japan’s Visible Minorities, Sept. 4, 2014 (version with links to sources)
“VISIBLE MINORITIES” ARE BEING CAUGHT IN THE DRAGNET By Dr. ARUDOU, Debito Column 79 for the Japan Times JUST BE CAUSE Community Page, September 4, 2014 Around noon on Aug. 13, in Ushiku, Ibaraki Prefecture, a local apartment manager notified the police that a “suspicious foreigner” was hanging around the nearby JR train station. Cops duly descended upon someone described by the Asahi as a “20-year-old male who came from the Philippines with a Japanese passport” (sic). When asked what he was doing, he said he was meeting friends. When asked his nationality, he mentioned his dual citizenship. Unfortunately, he carried no proof of that. So far, nothing illegal here: Carrying ID at all times is not legally required for Japanese citizens. But it is for foreigners. So the cops, convinced that he was really a foreigner, took him in for questioning — for five hours. Then they arrested him under the Immigration Control Act for, according to a Nikkei report, not carrying his passport, and interrogated him for another seven. In the wee hours of Aug. 14, after ascertaining that his father is Japanese and mother foreign, he was released with verbal apologies. That hardly suffices. If any of you have ever undergone Japan’s “voluntary questioning” and/or 23 days of interrogation after arrest, you know how harrowing it can be. And this isn’t the first instance...
Table of Contents: 1) United Nations demands Tokyo introduce anti-discrimination law to counter hate speech (HRC report CCPR/C/JPN/CO/6 text included in full, citing “Japanese Only” signs, thanks) 2) UN: Committee on the Elimination of Racial Discrimination considers report of Japan 2014: Little progress made 3) Nikkei: Another Japanese nabbed for being like a “suspicious foreigner” in Ibaraki. Adding it to the collection 4) “No Foreigners” (and no women) Capsule Inn Omiya hotel in Saitama (UPDATE AUG 21: No-foreigner rule withdrawn, but lots more exclusionary hotels found on Rakuten)
UN: Committee on the Elimination of Racial Discrimination considers report of Japan 2014: Little progress made
Two posts ago I talked about the UN's most recent report on Japan's human rights record (and how there seems to have been almost no progress made). Well, also interesting is the public record of the give-and-take between UN officials and Japan's mission to the UN. That's below. It offers a glimpse of the mindsets of Japan's representatives, and how they will defend Japan's status quo no matter what. The parts that are germane to Debito.org are bolded up, so have a read. This is probably a glimpse as to what courses the GOJ will (not) take regarding human rights issues in future. BTW, If you want to see how much has not changed (these UN reviews happen every two years), get a load of what happened last time Japan faced the music in the UN regarding its human rights record, back in 2010. The GOJ even claimed Japan was taking "every conceivable measure" to eliminate racial discrimination back in 2008 (yeah, except for an actual law against racial discrimination, unrequited since 1996!). Debito.org's archives and analysis go back even farther, so click here. And when everyone by now realizes that Japan's human-rights efforts are a joke (seriously, back in 2013), the Japanese representative will angrily shout to the audience, "Why are you laughing? SHUT UP! SHUT UP!" This is not a joke. Concluding remarks (excerpt): ANWAR KEMAL, Committee Member acting as Country Rapporteur for the Report of Japan, said Japan was making progress in the implementation of the Convention. Japan had a democratic constitution and therefore should be able to adopt a comprehensive anti-discrimination law which would plug the gaps in the domestic legislation as recommended by the Committee five years ago. It should be able to tackle racist hate speech without impeding upon the right to free speech. It should install a national human rights institution without delay... AKIRA KONO, Ambassador to the United Nations at the Ministry of Foreign Affairs of Japan, [said] Japan would continue to make tireless efforts to improve the human rights situation without permitting any form of discrimination, including racial or ethnic.
Nikkei: Another Japanese nabbed for being like a “suspicious foreigner” in Ibaraki. Adding it to the collection
NH: According to the Nikkei, two weeks ago a no-good busybody "reported" to the police that there was a "suspicious foreigner" around. The police duly rushed to the scene and questioned a Philipino 20-year-old they found. They arrested him as caught in the act of not carrying his passport with him. After 7 hours of questioning, through an interpreter it came to light he also had Japanese citizenship and his father is Japanese. They double-checked, and since it was true released him in the middle of the night. The police stated "We are sorry. We will try to make sure it doesn't happen again." The article and police statement does not find any fault with the person who reported a suspicious foreigner, or with the police for going and questioning people alleged to be suspicious foreigners. That is pretty much just the whole story. It's not a bad law exam question, since we could ask, did he have to give up his Filipino citizenship now that he is 20, etc.? The article doesn't go there either, of course. Another example of this law's failure to account for Japan's diverse population, and people getting caught in the cross-fire. I can only imagine how this young man felt about all of this. COMMENT: I can imagine. I myself have been racially profiled (although not arrested) by J-cops on numerous occasions (see here and here, for example), even after naturalizing. So were these people (one of whom actually was arrested in 2006 for looking "too foreign".) This is yet another reason why Japan needs laws against racial discrimination -- because you can't always tell anymore who's "Japanese" based upon physical appearance alone. Innocent Japanese who don't "look it" are going to get caught in any dragnet of suspicion.
United Nations demands Tokyo introduce anti-discrimination law to counter hate speech (HRC report CCPR/C/JPN/CO/6 text included in full, citing “...
Good news. The United Nations has once again reviewed Japan's human rights record (preliminary report below), and found it wanting. Here's the bit that has been cited in Japan's news media (also below): ======================= Human Rights Committee Concluding observations (2014) CCPR/C/JPN/CO/6 ADVANCE UNEDITED VERSION Human Rights Committee Concluding observations on the sixth periodic report of Japan (excerpt) Hate speech and racial discrimination 12. The Committee expresses concern at the widespread racist discourse against members of minority groups, such as Koreans, Chinese or Burakumin, inciting hatred and discrimination against them, and the insufficient protection granted against these acts in the criminal and civil code. The Committee also expresses concern at the high number of extremist demonstrations authorised, the harassment and violence perpetrated against minorities, including against foreign students, as well the open display in private establishments of signs such as “Japanese only” (arts. 2, 19, 20 and 27). The State should prohibit all propaganda advocating racial superiority or hatred that incites to discrimination, hostility or violence, and should prohibit demonstrations that intended to disseminate such propaganda. The State party should also allocate sufficient resources for awareness-raising campaigns against racism and increase its efforts to ensure that judges, prosecutors and police officials are trained to be able to detect hate and racially motivated crimes. The State party should also take all necessary steps to prevent racist attacks and to ensure that the alleged perpetrators are thoroughly investigated and prosecuted and, if convicted, punished with appropriate sanctions. ======================= COMMENT: Happy to see the generally-overlooked aftermath of the Otaru Onsens Case and the information on Debito.org's Rogues' Gallery of Exclusionary Establishments is still being cited. Keep the pressure on, UN. The media reaction and the UN report in full follows, and there's lots more important stuff (including issues of "Trainee" NJ slave-wage work, Japan's historical wartime sexual slavery, abuses of police power, and even Fukushima irradiation!)
“No Foreigners” (and no women) Capsule Inn Omiya hotel in Saitama (UPDATE AUG 21: No-foreigner rule withdrawn, but lots more exclusionary hote...
Joining the ranks of hundreds of other places nationwide that have "Japanese Only" rules in place is this capsule hotel called "Kapuseru In Ohmiya" in Miyamachi 5-3-1, Ohmiya-ku, Saitama, close to JR Omiya Station East Exit, phone 048-641-4122. Incidentally, and also in violation of Japan's Hotel Management Law, it does not allow women to stay there either. Here's a screen capture of their entry on Rakuten as of August 18, 2014, with all their contact details. (Front door with directions there) (Entire site with "No Foreigners" and "No Women" rules listed at very bottom) Anyone want to give them a call, and/or to report them to the authorities? Here's how... UPDATE AUGUST 21, 2014: THEIR RAKUTEN ENTRY HAS REMOVED THE "JAPANESE ONLY" RULE, AMENDED IT TO A "BRING A JAPANESE SPEAKER IF YOU DON'T SPEAK JAPANESE, AS THE STAFF DOESN'T SPEAK FOREIGN LANGUAGES". THE "MEN-ONLY" RULE REMAINS. RAKUTEN PAGE SCREEN CAPTURE BELOW:
Table of Contents: THE SEISMIC SHOCK OF 2014 1) In a stunning decision, Japan’s Supreme Court overturns Fukuoka High Court, rules that NJ Permanent Residents (etc.) not automatically eligible for social welfare benefits 2) JT: Colin Jones on NJ rights after the Supreme Court welfare verdict of July 2014: None but what MOJ bureaucrats grant you OTHER WEIRDNESS AND DENIALISM 3) SITYS: JT publishes lawyer’s analysis of J-cops’ arbitrary “stop and frisk” procedures. It’s now actually worse for NJ than Debito.org has reported before (correctly) 4) Unsuccessful protest against instatement of NJ CEO at Takeda Pharma: Note weird narratives of exclusionism 5) Japanese hotel and restaurant bars all Non-Japanese — in Bangalore, India! And it’s shut down by the local Indian govt. within days 6) BLOG BIZ: Debito.org’s Google Page Rank drops from 4 to Zero overnight. Unsure why NICE TRIES 7) JT: Japan needs to get tough on hate speech: U.N. experts and columnist Eric Johnston; why I doubt that will happen 8 ) AFP: “Tarento Rola changing DNA of Japanese pop culture”. I wish her well, but the hyperbolic hype is not warranted 9) JDriver on J Driver License renewals and questionable legality of residency/Gaijin Card checks to ferret out “illegal overstayers” 10) Asahi’s AERA Mag July 14, 2014: Special on NJ in J globalized companies, says “Offices without NJ will not succeed”. Yet again panders to stereotypes 11) Yomiuri: TV shows to get foreign-language subtitles by 2020 for “foreign visitors” to Tokyo Olympics. Nice, but how about for NJ residents now? … and finally… 12) Japan Times JBC 77 July 3, 2014,”Complexes continue to color Japan’s ambivalent ties to the outside world”, modified version with links to sources
My Japan Times JUST BE CAUSE column 78, August 14, 2014, “Past victimhood blinds Japan to present-day racial discrimination”
Opening paragraphs: Readers may be expecting this column to have something to say about the Supreme Court decision of July 18, which decreed that non-Japanese (NJ) residents are not guaranteed social welfare benefits. But many have already expressed shock and outrage on these pages, pointing out the injustice of paying into a system that may choose to exclude them in their time of need. After all, no explicit law means no absolute guarantee of legal protection, no matter what court or bureaucratic precedents may establish. I’m more surprised by the lack of outrage at a similar legal regime running parallel to this: Japan’s lack of a law protecting against racial discrimination (RD). It affects people on a daily basis, yet is accepted as part of “normal” unequal treatment in Japan — and not just of non-citizens, either. This brings me to an argument I wanted to round off from last month’s column, about how Japan has a hard time admitting RD ever happens in Japan. Some argue it’s because RD does not befit Japan’s self-image as a “civilized” society. But I would go one step further (natch) and say: RD makes people go crazy….
Colin Jones on NJ rights after the Supreme Court welfare verdict of July 2014: None but what MOJ bureaucrats grant you
Jones in the JT: This newspaper’s well-intentioned July 27 editorial declaring that the social safety net should be for all taxpayers is perfectly understandable — particularly given that the petitioner was an elderly Chinese who was born and spent her whole life here. Unfortunately, it is a mistake to equate feeding the maw of whatever tax-fueled Leviathan nation state you happen to live in with being entitled to anything from it in return. This is particularly true in Japan, where by law it is generally more important that one of your parents be Japanese than where you were born, raised or paid taxes. After all, being a dutiful taxpayer alone won’t get your visa renewed or keep you from getting kicked out of the country; why should it get you a welfare payment either? Thus, if you live here on a foreign passport, you might want to snuggle up in a comfy chair and read through the Immigration Control and Refugee Recognition Act, since for most purposes, that is your constitution. Having its roots in an Occupation-era decree modeled after U.S. immigration laws then in effect (missing some important features, as will be discussed later), the ICRRA did not become a “law” until 1982, when it was amended in connection with Japan’s accession to the U.N. Convention Relating to the Status of Refugees. I say it is your constitution because in 1978, the Supreme Court acknowledged that most constitutional protections did extend to foreigners, but only within the framework of the immigration laws and regulations, including the broad administrative discretion granted by these to Ministry of Justice officials. COMMENT: What I'd like to have clarified is Colin's point about whether or not people (particularly non-citizen permanent residents) who pay taxes really have no rights to expect the benefits from The State. Let me ask Debito.org Readers to assist me in doing a little research. Let's find some law journals and other academic research written by specialists that give comparative rights for non-citizen residents in an international light. Here are two research questions: 1) Are non-citizen residents (particularly permanent residents, as taxpayers) entitled to the same social welfare benefits (e.g., unemployment, child support, and other safety-net measures designed to rescue citizens from destitution) in other developed countries? (Let's say the G8, or widen it out to the OECD if necessary.) 2) Do guarantees of civil and human rights guaranteed in the national constitutions of developed countries also apply to "all people/residents", including non-citizens, or are they strictly reserved for citizens, as they apparently are in Japan? Note that we are not looking for absolute equality (that's impossible, otherwise there would be no benefit to citizenship). But simply put: Do foreign residents receive the same guarantee against various social adversities elsewhere as a legally-enshrined human right, or not? Please send us some links to some articles in the comments section, with pertinent excerpts/abstracts included.
Yomiuri: TV shows to get foreign-language subtitles by 2020 for “foreign visitors” to Tokyo Olympics. Nice, but how about for NJ residents now?
KM: Hi Debito! Here's another indication that the government cares more about short-term visitors than about the foreigners who actually live here: Yomiuri: The Internal Affairs and Communications Ministry will develop a system to show Japanese TV programs with subtitles in foreign languages, including English and Chinese, to provide a more comfortable viewing experience for foreign visitors, according to sources. In response to the increasing number of visitors from overseas, the envisaged system will be launched by 2020, the year in which the Tokyo Olympics and Paralympics will be held, the sources said. Behind the ministry’s decision were requests from foreign visitors for more foreign-language subtitles for domestic TV programs. The envisaged system will be offered for news programs related to visitors’ safety and security during their stay, as well as variety shows. KM: I have a few thoughts about this: 1) It probably would be nice to have more programing with English subtitles (and subtitles in other languages) but I'm a bit surprised that such a huge adjustment to daily programing in Japan would be made on behalf of those visiting short-term for the olympics. Of course, it would be open to anyone but the article (and a similar article in Japanese) makes it sound like the olympics and the comments of short-term visitors are primary motivations for the change. 2) The article says that Japanese content will be "automatically translated by a system to produce the foreign-language subtitles." Such subtitles might be intelligible for things like a weather forecast, but I can't imagine them being of much use (except as something to laugh at -- because of their poor quality) with variety programs. 3) Instead of making a major adjustment like this to satisfy the whims of short-term visitors, perhaps the money to make this change could be spent to improve the quality of disaster information and disaster warning systems for people who actually live here.
Japanese hotel and restaurant bars all Non-Japanese — in Bangalore, India! And it’s shut down by the local Indian govt. within days
This case you might have heard about already, but in terms that Debito.org has talked about for decades, there are no surprises here: A "Japanese Only" Japanese restaurant has been discovered turning away "foreigners" in a foreign land -- India. Well, turning away all "non-Japanese". Because, you see, "Japanese" is not a function of nationality. It's a function of racialized tribalism. In other words, no matter where you are in the world, under Japanese binary sensibilities, there are two types of people: Japanese and NJ -- not Japanese and "foreigners". Overseas, Japanese technically become foreigners. But not in exported Japanese contexts such as Japanese restaurants. So again, Japanese society's exclusionary view of the world anytime, anywhere, becomes perfectly understandable when looked at through this binary rubric. Fortunately, not all societies let this sort of racism pass without comment or sanction. And India, despite being saddled with a horrible caste system, is no exception. Within weeks after exposure, it was partially shut down after notice from the Greater Bangalore City Corporation on explicit charges of racial discrimination -- something Japan simply cannot do. Articles follow. Bangalore Mirror: Unabashedly racist, Uno-In Hotel bars all other nationals; ironically, its head and staff are Indians. The hotel makes no bones about it. Its website categorically states: Located in Bangalore, we are a hotel exclusively for Japanese. Situated on Langford Cross Road in Shanthinagar, Hotel Uno-In, which also houses a Japanese rooftop restaurant called Teppen, has a policy of not allowing access to Indians, or for that matter, any other non-Japanese nationals. [...] Based on an incident that happened a few months back, these reporters visited the hotel with a colleague and got a first-hand taste of the discriminatory attitude. The moment they stepped foot into the lobby and expressed a desire to have lunch at the hotel's rooftop restaurant Teppen, they were told 'Indians' were not allowed. Below is a transcript of the recorded conversation that took place with Nic U Iqbal, MD and CEO of Nippon Infrastructure which runs the hotel... Mail Online India: A 'Japanese only' hotel, which allegedly did not entertain Indians and other foreign nationals in its restaurant, has been closed down by the Greater Bangalore City Corporation (GBCC) on charges of racial discrimination.
SITYS: JT publishes lawyer’s analysis of J-cops’ arbitrary “stop and frisk” procedures. It’s now actually worse for NJ than Debito.org ...
DEBITO: Hokay, let's go over this issue one more time on Debito.org (the previous times from here): the ability of J-cops to racially profile and subject any "foreigner" to arbitrary Gaijin Card ID-checks. I offered advice about what to do about it (print and carry the actual laws around with you and have them enforced). Last time I talked about this (in my Japan Times column last April), I noted how laws had changed with the abolition of the Foreign Registry Law, but the ability for cops to arbitrarily stop NJ has actually continued unabated. In fact, it's expanded to bag searches and frisking, with or without your permission (because, after all, NJ might be carrying knives or drugs, not just expired visas). Well, as if doubting the years of research that went into this article (and affirmed by an Japanese Administrative Solicitor in our book HANDBOOK FOR NEWCOMERS, MIGRANTS, AND IMMIGRANTS), the JT put up a "featured comment" from some anonymous poster saying that my article was wrong and a source for misinformation: MM333: I'm sorry, but the information in this article and on the website describing the powers of the police to stop foreigners and demand passports or residence cards for any reason 'whenever' is inaccurate. The law does not give the police in Japan arbitrary powers to conduct suspicionless questioning. [...] There is no doubt that in practice police in every country may try to exceed their powers, but it is quite another thing to assert that the police actually have the right to do this. In may interest people to know that the laws imposed on the police in Japan with regards to questioning are actually more restrictive as compared with the US (ie. Stop and Frisk) or the UK (ie. CJPOA Section 60). I would recommend that everyone read the law themselves and consult a Japanese attorney if they have questions about the law. I would also ask the Japan times to have this article reviewed by a Japanese attorney and corrections made where appropriate to avoid misinformation being spread. DEBITO: Eventually the JT DID consult a lawyer and ran the following article -- where it's even worse than I argued: The lawyer is essentially suggesting that you had better cooperate with the police because the laws will not protect you -- especially if you're in a "foreigner zone" of Tokyo like Roppongi. JT LAWYER ISHIZUKA: Legal precedents in these cases have tended to stress the importance of balancing the public’s right to privacy with the necessity and urgency of the specific investigation and the public interest in preventing the crime the individual stopped by the police was suspected of being involved in. [...] Regarding the profiling, considering it was in Roppongi, which has a bit of a reputation for crime involving foreigners, the police officials could probably come up with a number of explanations for why they stopped [a NJ named P], such as a suspicion that he was carrying or selling drugs. It is unlikely that any judge would rule that this was a case of profiling and that the questioning was illegal. As for the frisking, it was legal for the officers to pat P down over his clothes and bag, even without his consent. However, it would be illegal if an officer searched inside P’s pockets or clothing without consent or intentionally touched his genital area, even over his clothes. [...] So, in conclusion, what can you do if you are approached and questioned by police officers? Cooperating may be the smartest option and the fastest way to get the whole ordeal over as quickly as possible, but if you don’t feel like being cooperative, you can try asking the police officers what crime they are investigating and attempt to explain that you are not doing anything illegal, clearly express the will to leave and then do just that. Don’t touch the police officers, don’t run and don’t stop walking — and don’t forget to turn on the recorder on your smartphone in front of the officers, thus making it clear that you have evidence of any untoward behavior. You cannot be forced to turn the recorder off, no matter what the police officers yell at you. Best of luck! DEBITO AGAIN: You know there's something seriously wrong with a system when legally all you have is luck (and a cell phone recorder) to protect you from official arbitrary questioning, search, seizure, and racial profiling by Japanese cops. Even a lawyer says so. So that's definitive, right? Now, then, JT, what misinformation was being spread here by my previous article? How about trusting people who give their actual names, and have legal experience and a verified research record (several times before in past JT articles)? And how about deleting that misinformative "featured comment" to my column? SITYS.
JT: Japan needs to get tough on hate speech: U.N. experts and columnist Eric Johnston; why I doubt that will happen
JIJI: Japan came under pressure at a U.N. meeting Tuesday to do more to help stop hate speech that promotes discrimination by race or nationality. “According to information we received, there have been more than 360 cases of racist demonstrations and speeches in 2013, mainly in Korean neighborhoods in Tokyo,” Yuval Shany from Israel, one of the experts at the U.N. Human Rights Committee, said at the meeting in Geneva. Shany asked Japan whether it is considering adopting legislation to address hate and racist speech. Existing laws in Japan do not allow police to intervene to stop hate speech demonstrations, Shany said at the meeting held to review the civil and political rights situation in Japan. “It seems almost nothing has been done by the government to react to Japanese-only signs which have been posted in a number of places,” Shany said. Kyodo: The Osaka High Court on Tuesday upheld a lower court ruling that branded as “discriminatory” demonstrations staged near a pro-Pyongyang Korean school by anti-Korean activists who used hate-speech slogans. A three-judge high court panel turned down an appeal by the Zaitokukai group against the Kyoto District Court decision ordering that it pay about ¥12 million in damages to the school operator, Kyoto Chosen Gakuen. The order also banned the group from staging demonstrations near the school in Minami Ward, Kyoto. Johnston: The good news is that, finally, more and more people in Osaka and the Kansai region are fighting back against the haters. Counter-demonstrations against Zaitokukai in particular are increasing. At the same time, there is a feeling among many here that, as Osaka and Korea have a deep ties, things will work themselves out. But that’s the problem. What’s needed now is not “historical perspective,” “understanding” or “respect,” but legislation ensuring protection and punishment. This is precisely because perspective, understanding and respect alone will not stop hate speech — especially that directed at new groups or those who have not traditionally been as ostracized as ethnic minorities. AFP: A far-right Polish MEP outraged lawmakers gathered in the European Parliament on Wednesday by comparing the continent’s unemployed youth to “niggers” in the U.S. South. [...] Comparing job-seeking youth to black laborers in the American South during the 1960s, Korwin-Mikke said: “Four millions humans lost jobs. Well, it was four million niggers. But now we have 20 millions Europeans who are the Negroes of Europe. Grauniad: A former local election candidate for the far-right Front National (FN) in France has been sentenced to nine months in prison for comparing the country's justice minister, who is black, to an ape. [...] On Tuesday, a court in Cayenne, French Guiana's capital, sentenced her to nine months in jail, banned her from standing for election for five years, and imposed a €50,000 (£39,500) fine. French Guiana is an overseas département of France and is inside the European Union. It also handed the FN a €30,000 fine, putting an end to a case brought by French Guiana's Walwari political party, founded by Taubira. COMMENT: So there is precedent, example, template, and international embarrassment. Will this result in a law in Japan against hate speech (ken'o hatsugen)? I say again: not in the foreseeable future, sadly. As noted on Debito.org many times, we have had all four of these pressures in Japan for decades now (not to mention an international treaty signed in specific), yet we still can't get a law against racial discrimination (jinshu sabetsu) in Japan.
In a stunning decision, Japan’s Supreme Court overturns Fukuoka High Court, rules that NJ Permanent Residents (etc.) not automatically eligible f...
In an event sure to make my year-end top ten most important human rights issues of 2014, Japan's highest court just overturned the Fukuoka High Court's 2011 decision, ruling that an octogenarian granny who, despite being born in Japan, living her life here as a Zainichi Special Permanent Resident, and contributing to Japan's social welfare systems, has no right to the benefits of her contributions because she's foreign (i.e., not "kokumin"). More comment after the articles: JT: The Supreme Court ruled Friday that foreigners with permanent residency status are ineligible for welfare benefits, overturning a decision by the Fukuoka High Court that had acknowledged their eligibility under the public assistance law. The decision by the top court’s Second Petit Bench concerned a lawsuit filed by an 82-year-old Chinese woman with permanent residency who was born and grew up in Japan. The woman applied for welfare benefits with the Oita municipal office in Oita Prefecture in December 2008 but was denied the benefits on the grounds she had some savings. The woman then filed a suit demanding that the city’s decision be repealed. She is now receiving the benefits because the municipality accepted her welfare application in October 2011. While the recipients of welfare benefits are limited to Japanese nationals by law, the government issued a notice in 1954 saying foreigners should be treated in accordance with the public assistance law. Since the government limited recipients to Japanese nationals and foreigners with permanent residency in 1990, municipalities have exercised their discretion in doling out the benefits. In October 2010, the Oita District Court rejected the plaintiff’s suit, saying that denying the public assistance law to foreigners was within the discretion of a municipal government. In November 2011, however, the Fukuoka High Court ruled in favor of the plaintiff, saying that foreigners with permanent residency have been protected under the public assistance law. COMMENT: And now the pendulum has swung again, with a great big Bronx Cheer for all NJ in Japan. More information on what has appeared on Debito.org over the years in this blog entry. My final thought on this for now is how the online commenters (who consistently blame NJ for anything bad that happens to them) spin this one against the plaintiff? It's a challenge: She's an 82-year-old granny Zainichi living her entire life in Japan trying to get her tax benefits back, for heaven's sake. Still, the reflexes are kicking in. We've already had one person commenting at the Japan Times about how this ruling was a means to deal with "illegal immigrants" somehow (the JT immediately spotted this as trolling and deleted it; wish they would be more proactive with my columns as trolls keep derailing any meaningful debate). Any more gems out there, go ahead and quote them in the Comments section below. A ruling this egregiously anti-NJ becomes an interesting psychological experiment to see how far the self-hating gaijin will go to deny they have any rights to anything whatsoever in Japan. UPDATE JULY 25, 2014: This very blog entry gets cited in the South China Morning Post.
AFP: “Tarento Rola changing DNA of Japanese pop culture”. I wish her well, but the hyperbolic hype is not warranted
AFP: In celebrity-obsessed Japan with its conveyor belt of 15-minute stars, fashion model and “talent” Rola is blazing a meteoric trail at the forefront of a galaxy of mixed-race stars changing the DNA of Japanese pop culture. Turn on the TV and there’s no escaping the bubbly 24-year-old of Bengali, Japanese and Russian descent—she even dominates the commercial breaks. A marketing gold mine, Rola smiles down celestially from giant billboards, her wide eyes and girlie pout grace magazine covers and she even greets you at vending machines. But Rola, who settled in Japan when she was nine, has done it by turning the entertainment industry on its head, her child-like bluntness slicing through the strict convention that governs Japanese society. JPN_GUY: The positive reaction to mixed-race models is certainly better than not wanting them on screen. It's "anti-racist" and to be welcomed. To a certain extent, I guess it does show Japan is becoming more open and tolerant. But like most things, it's not that simple. For one thing, all these women are stunning beautiful. Everyone loves a good-looking girl. We knew that already! But not all mixed race people in Japan could, or even want to be, celebrities. Kids like mine just want normal lives. They might want to be a lawyer, a pilot, a shipbuilding engineer or a dental technician. As I said, the high visibility of mixed-race people in better than being vilified and ignored, for sure. But it's also a sign of fetishism, and a refusal to see mixed race people as just "one of us". Celebrities are "special" by definition. Ironically, that's why visible minorities have less difficulty breaking into this field. DEBITO: Of course, most "tarento" blaze and then fizzle without making any real impact, least of all "changing the DNA Japanese pop culture" as this article and its pundits claim. Rola in particular does not seem to be consciously promoting any increase in social tolerance of "haafu" -- she's just doing her thing, entertaining with a new (or actually, not all that new, but for now fresh-sounding) schtick as an ingenue. Of course. That's her role as an entertainer. This has been the role of so many other entertainers, including the Kents (Kent Derricott made his pile and returned to the US to buy his mansion on the hill in Utah for his family; Kent Gilbert did much the same and lives in Tokyo with a residence in Utah as well), Leah Dizon (remember her?, already divorced from the Japanese guy who made the baby bump the speed bump in her career; she's trying to make a comeback in Japan while based in Las Vegas), Bob Sapp, Chuck Wilson, and many, many more that I'm sure Debito.org readers will recount in comments below. Sadly, none of these people have really made or will make a long-term impact on Japan's mediascape. The best long-seller remains Dave Spector, who is a very, very exceptional person in terms of persistence and media processing (not to mention stellar language ability), but even he makes little pretense about being anything more than an "American entertainer" for hire. Other impactful persons I can think of are Peter Barakan and perhaps these people here. So it's not non-existent. But it's not powerful enough to permit "Doubles" to control their self-image in Japan, either. I wish Rola well. I hope she continues to make the media splash she's making. But the overhype can be fatal for many an entertainer when people eventually tire of her current incarnation. Even if Rola becomes "successful" by revamping her act to become more substantial, she'll just be as subsumed and co-oped as Miyazawa Rie or Becky is. Or as forgotten as Leah Dizon within a few years. Let's hope not, and let's hope that she becomes a long seller. But I doubt it. Because the ingenue trail she is blazing (or rather, is being blazed for her by her agents) of the "sexy-baby-voice tarento" genre has never really allowed for that.
JDriver on J Driver License renewals and questionable legality of residency/Gaijin Card checks to ferret out “illegal overstayers”
We've discussed on Debito.org before the rigmarole of NJ drivers in Japan getting J Driver Licenses, being subjected to extra intrusive procedures that are of questionable legality. Well, a Debito.org Reader decided to do his civic duty and ask for some reasons why. And this is what he found out. Read on and feel free to contribute your own experiences. JDriver: As you might know, residents of foreign citizenship (外国籍の方 in the bureaucratic parlance) are required to show their residence cards or in other way demonstrate their status of residence when getting or renewing their drivers license. Obedient citizen as I am, of course I went along with it and presented it when asked, but I did make clear I would like to be clarified on the legal basis for such a request. I didn't expect that the person doing the registration would know something like this off the top of their head, but I was intended on talking to someone eventually who could point to this and that paragraph of this or that law that governs these circumstances. So after all the procedure was finished and I got my license, I went to the window I was told I'd get my questions answered. The first person could only, after quite a while, produce the Immigration law article 23, which only says that you are in general required to present the passport or the residence card when the police and other authorities ask for it "in the execution of their duties." So I asked for a specific law or ordinance that shows that in this concrete case it is indeed their duty to ask for the card. I got sent to her boss, who again only wasted my time with the same answer (Immigration law) and got irritated and dismissed me, but not before arranging for me to see the final boss of bosses, who should be able to answer my, I thought very simple, question i.e. what is the legal basis for what you're doing? Neither the last guy could legitimize the demand in legal terms, so we agreed that he will research it and call me later to let me know. He did call later the same day, only to tell me that after all, the legal basis would have to be in the Immigration law, because he couldn't find any other! He said it is all done to prevent the "illegal overstayers" from getting drivers license, as if that, or any other goal, would justify working outside of legal framework. I was flabbergasted that apparently no one in the whole Koto drivers center (江東試験場) knew the legal basis of their actions...
Asahi’s AERA Mag July 14, 2014: Special on NJ in J globalized companies, says “Offices without NJ will not succeed”. Yet again panders to s...
On the heels of our prior discussion about the Takeda Pharmaceutical Co.'s "scandal" about having the audacity to put a NJ as CEO of the company (shock horror! Think of how much the company will be compromised!, was the narrative), here's a special issue by left-leaning AERA magazine of July 14, put out by the (left-and-right-leaning, depending on the editor) Asahi News Corp, on Japan's "global companies". Its big headline is that offices that are not multinational in terms of staff "will not succeed". (Somebody tell that to Takeda Pharma's xenophobes!) [scan of magazine banner enclosed] You might think this is a forward-thinking move, but AERA also resorts to the same old media tropes about NJ. For example, it puns on the seminal TV show of more than a decade ago called "Koko Ga Hen Da Yo, Nihonjin" with a bit on "Koko Ga Hen Da Yo, Japanese workplaces". Not to appear dated, it also refers to Koko Ga Hen's current incarnation "YOU Wa Nani Shi Ni NIhon E" (What did YOU [sic] come to Japan to do?), with a poll of twenty (a scientifically-significant sample!! /sarcasm) real-live NJ residents of Japan saying what they find unsatisfactory about Japan. There's also a discussion between two J pundits on immigration (yep; how about polling an immigrant?), a comparison between NJ transplant schools modeled on the Indian, Chinese, and Canadian education systems (why? dunno), and the coup de grace -- the influential Oguri Saori manga "Darling wa Gaikokujin" being riffed on to talk about "Darling wa Damenzu Gaikokujin". This is about J women marrying NJ "Wrong men" (from a manga title, a polyglot word of Dame (J) and Mens (E?)) who are penniless, unfaithful, or violent (and in this case, according to AERA, from less-economically-developed countries, viz. the newly-coined word "kakusa-kon", or economically-tiered marriages), because the NJ get a visa, and the women get the relief (iyashi) of having less to lose (financially or materially) after the breakup. Whaa....? Yep, even when we resort to the hackneyed stereotypical tropes (gotta love the swarthy smitten NJ in the illustration; clearly by the skin tone there's kakusa there), we still have to pander to prejudices by including some nasty ones. There's more up there, so other comments? Mine is that even if J companies take things to heart and hire more NJ employees, I'm worried that 1) like before, it'll only be on a "contingency" basis (to take the NJ out for a test drive, meaning the hiring process is two-tiered and unequal, with less job security for the NJ), and 2) it'll just happen because it's "trendy". NJ have been hired as "pet gaijin" (as was common practice during the "Bubble Years"; I know) to show off how "international" the company has become, without ever allowing NJ employees to play any real part in the company's future. Just plonking NJ in your office doesn't necessarily mean much (until NJ become, for example, managers). And when they do, the Takeda-styled soukaiya mentioned last blog entry will no doubt protest it anyway (if not fire you for doing the right thing about J-boss corruption, a la Olympus). Sorry to rain on what may be a positive trend (I'd much rather have them acknowledge that J companies cannot remain insular than not, of course), but I'm not sure AERA is encouraging real non-insularity. Especially when even they can't keep the discussion serious and refrain from painting NJ with negative stereotypes.
Unsuccessful protest against instatement of NJ CEO at Takeda Pharma: Note weird narratives of exclusionism
Japan's largest drug maker, Takeda Pharmaceutical Co., last month tapped a NJ (a Frenchman by the name of Cristophe Weber) to be its next CEO. This occasioned protests by the founding Takeda family and dissident shareholders, because hiring a NJ to be its leader would allegedly be abhorrent. Relativism first: We've of course had protests and government interventions in other countries when foreigners buy up a strategically-important company. (Let me date myself: I remember the Westland helicopters scandal when I was living in England back in the 1980s!) So business xenophobia is not unique to Japan, of course. But check out the narratives of justification for the exclusionism being proffered with straight faces: A NJ CEO of a Japanese company would be "bad for the morale of Japanese employees". (Why?) A NJ CEO would necessarily result in "technological transfer overseas" (i.e., NJ are untrustworthy). This would mean "finances or research and development would be entrusted to NJ" (Would it? This is an unaccountable dictatorship? This is not an issue of NJ-dom: Remember the corruption of the Olympus case, and they were all Japanese at the helm -- until a NJ became the whistleblower.) A NJ CEO is tantamount to a hostile "takeover by foreign capital" (again, those trust issues). This particular NJ is unknowledgable of Japan's health care industry of the "traditions and corporate culture" of Takeda (i.e., NJ are ignorant about Japan and Japan's permutations of industry). Imagine those arguments being made if a Japanese helmed an overseas company (we already had a Japanese in 2009 placed at the helm of, for example, the Japan Society in New York -- an organization founded in 1907 by powerful Americans to explore Japanese society). Accusations of racism would probably fly. But in Japan, not so much. These knee-jerk exclusionary discourses are that hegemonic. Anyway, the exclusionists (who only hold 1-2% of total shares, so they're basically soukaiya) did not win out, and Weber became CEO. Nyah. Some referential articles about the Takeda Pharma Case follow.
Debito.org Reader: Debito, I could be in error, but it looks like your Google page rank has been reduced from 4 to 0. I would talk to someone who knows about this stuff and ask them what's up. If I am correct, you should regard that as a serious issue. It's a mystery to me: I use a Safari on my mac. There's a plug-in that gives you page rank, so I always see it when I visit a site: http://any-tech.ws/page-rank/ I think yours has always been 4 or 5. Perhaps 5, which is *really* good for a site like yours. I don't recall ever seeing another site's ranking just suddenly disappear. It could just be a glitch. But I doubled checked this — and your page rank is not showing up anywhere: http://checkpagerank.net/index.php (Screen capture of Google Page Rank according to the above link as of July 5, 2014: still zero) My best suggestion would be to check Google's webmasters toolkit. If you don't have an account, I would create one, it's very helpful. Often they will tell you if there is a problem. [NB: I have done this. The Google web masters toolkit has indicated after a scan that there is nothing problematic about this site, and thus offer no avenue for query or appeal to Google.] Your page rank is an important factor in how well your site ranks in search engines. It's not the *only* factor — but it's the one most closely related to your web authority. If this *just* happened — you might not notice an immediate impact, but over time the traffic you receive from Google would begin to decline. If you are the *only* person with a webpage about a particular topic, you'll continue to rank in Google's search engine. If you and 100 other sites are taking on the same topic, you'll fall to the bottom of the list. You have a massive archive, so on many topics, *only* you have a page — you'll get traffic on those pages. But on competitive topics, your traffic will fall off. Does that make sense? Unless this is all a weird glitch. In which case maybe nothing will happen. You could just monitor it for a while ... Sincerely, a Debito.org Reader.
Table of Contents: FOREVER UNDER THE RADAR: 1) Japan’s population tally in media still excludes NJ residents; plus J political misogyny and appeals to gaiatsu 2) Reuters Special Report on Japan’s “Trainee System” as “Sweatshops in Disguise”: Foreign interns pay the price for Japan’s labor shortage ON THE RADAR AND INFLUENCING PUBLIC OPINION: 3) World Cup 2014: Held in Brazil, but causes tightened police security in Tokyo due to alleged possibility of “vandalism” 4) J-Govt. “We are Tomodachi” Newsletter Vol. 4 , June 2014 offers fascinating insights into PM Abe Admin mindsets 5) MLB J-baseball player Kawasaki Munenori doing his best to speak English to North American media. Debito.org approves. 6) Fodor’s Travel Guide on Japan 2014 features two chapters on Hokkaido and Tohoku written by Debito … and finally… 7) My Japan Times JBC column 76: “Humanize the dry debate about immigration”, June 5, 2014