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I had a momentary flash of either genius, mischief, or both. I thought of how I, (and any other international resident of Japan who resents this violation of our human rights as much as I do), could express utter contempt for this criminal practice, and at the same time stay on the right side of the law, the ass that it is.
Well, just today, May 23rd 2008, I submitted a polite, reasoned and clearly enunciated formal letter of protest to the mayor of the city in which I reside, and told him that I was "temporarily suspending payment of the residential Poll Tax (as I call it), until I am no longer subjected to the discrimination and racism of official Japan," and that, "when this happened, I would resume full payment as before. All I want is to be treated with a little respect and dignity. No more than a Japanese national would expect in my country of citizenship." I never mentioned that I refused to pay, just temporarily suspended payment. I have very low expectations of City Hall, but at least it's on their radar now.
Having just received a third "Final Notice" for the residential "Poll Tax" yesterday, I have decided to go ahead and pay it anyway, while His Worship mulls my five pages plus attachments as protest, as I'm sure he will not receive notice of payment, internal communications here being what they are.
I intend to order the entire amount in advance from the local "Shinkin Ginko" in One Yen coins*, and then march it across the street to the City Hall's tax department. I will wait for them to count it all, and then I'm going to ask (tongue in cheek) for a set of fingerprints and a photograph from the Section Chief, as a receipt. I'd like him to experience that request, on a gut level. I'll settle for the usual red stamp with the date on it. I will have a friend photograph the handover when possible, and post it here.
I plan to do this each time, and I'll also submit to the Tax Section chief and to His Worship the Mayor himself this excellent document, found at:
http://www.debito.org/wp-content/uploads/2007/11/ReentryJapanProtest.jpg
"There is a law that invalidates such payment in small coins:
第五条 貨幣の種類は、五百円、百円、五十円、十円、五円及び一円
の六種類とする。
第七条 貨幣は、額面価格の二十倍までを限り、法貨として通用する"。
“Law on Unit of Currency and Minting of Coins
Article 5. There shall be 6 types of coins, namely 500 yen, 100 yen, 50 yen, 10 yen 5 yen and 1 yen.
Article 6. Coins are legal tender up to 20 times of their face value.”
I sent the following page by fax to the EU Delegation, the Irish prime Minister and the Canadian Prime Minister, as an explanation of my letter of protest. I also highlighted two sections that Immigration Japan gave for this measure. "We know that many of the foreigners (resident in Japan) are neither terrorists or criminals." and "We are taking these measures out of necessity and rationality." "If we were to take fingerprints when it is not necessary, that would be unconstitutional."
Unfortunately, they have now chosen to treat all of the resident foreigners as terrorists and criminals, and these measures are neither necessary or rational. And, I believe, it IS unconstitutional. Japanese logic? Up is down, in is out, wet is dry and they just don't get it!
Should Japan fingerprint foreigners?
As you are the only person so regularly singled out, you ask, "Hey, why always me?" The answer is, "if you're innocent, why worry about it?"
Eventually after your visits to the police station become almost daily, you plead with the officers to leave you alone. One of them has a revelation: "Hey, instead of destroying your fingerprints each time, let's make a permanent record! Then, every time there's a crime we'll use that?"
Problem solved? Of course not. Having had enough, you spit in outrage, "why me? Why is it always my fingerprints and not anyone else's you compare to those found at crime scenes?" One officer smiles sheepishly and explains, "it's because you're a foreigner."
Sound unrealistic? Unfortunately, it's not. It's a reality. It's already happened in the U.S., and it will soon be happening here.
Do you wish to enter Japan? Then you are suspect. Before you can enter you must turn over your fingerprints and allow them to be cross checked against an international list of criminals and terrorists. And that's just the beginning.
The prints will remain on record for 70 years. According to the new procedures, if requested, the Justice Ministry will turn over the data to the police and other government agencies.
What's that mean? It means like our fictional character in the beginning of this story, that for any crime committed in Japan, there is a high probability that you will be treated as a de facto suspect.
While no citizens will have to submit fingerprints by default, yours will already be there. And you'd better believe you are a de facto suspect in each case. It'll be as easy as pushing a few buttons on a computer.
Is it fair for a foreigner to be a de facto suspect in potentially any crime in Japan where fingerprints are lifted? No.
The Japan Federation of Bar Associates has come out strongly against this measure. (See: www.nichibenren.or.jp/ja/publication/booklet/data/nyukanhou_qa.pdf)
Among the many useful arguments they make, they point out that the measure might well stigmatize foreigners as somehow being more inherently capable of crime than Japanese.
They also note that it is clearly unconstitutional under Article 13. And yes, the constitution does apply to people seeking entry into Japan. They may not be citizens, but they are people.
(Article 13 reads: All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.)
Ultimately, this policy puts foreigners at unfair risk. I typed in the phrase "how to fake fingerprints" on Google recently and got back over half a million hits. I checked the first 60, which told you how to do just that.
You leave your fingerprints everywhere you go. You leave them on trains, on vending machines, any place you lay your hands. Foreigners will have to take this in stride as they become de facto suspects in almost every crime committed.
There are respected scholars, former police officers, and journalists now questioning the entire science of fingerprinting. And whose to say how long it takes before collected prints are leaked through Winnie?
Putting all this aside, guess what? This policy just won't work. Does anyone really believe that all terrorists are foreigners? The Tokyo subway sarin attack comes to mind (6000 injured, 12 dead), so does the bombings of Mitsubishi Heavy Industries in Tokyo in 1974 (20 injured, 8 dead) and the Hokkaido Prefectural Government office in Sapporo in 1976 (80 injured, 2 dead). The obvious prejudice here is palpable.
Lest anyone forget, most of the 9/11 terrorists entered America legally. Terrorists often have clean records and are not on watch lists.
So if not terrorists, who is on the watch lists? Well as the Justice Ministry will rely on an international list, in many cases they have no way of knowing.
There have already been credible reports of activists in America being detained because their names turned up on terrorists watch lists (simply a mistake?).
Recently some British citizens were outraged when they found that their names had been put into a criminal database (more mistakes?).
Terrorists with clean records will be able to enter, ordinary people will be hindered and face rights abuses.
If none of this is enough, has anyone stopped to even fathom the cost involved here?
So what you have here is a ineffective policy that clearly discriminates against foreigners and costs a bundle of cash.
In short, the worst of all worlds.
Japan defends steps to end discrimination
OSAKA — In a new report to the United Nations, the government outlines the situation of ethnic minorities and foreign residents in Japan, claiming it has made "every conceivable" effort over the past several years to eliminate racial discrimination.
Occasionally sounding on the defensive, the report, released Friday, sidesteps the issue of a comprehensive law prohibiting discrimination between individuals.
Human rights groups and
Doudou Diene, the U.N. special rapporteur on contemporary forms of
racism, have called for the passage of a law clearly against racism and
xenophobia, as well as the establishment of an independent national
human rights monitoring body. The government has long held that Article 14 of the
Constitution, which guarantees equality under the law, makes any
antidiscrimination legislation superfluous, a point reiterated in the
report. "Japan has taken every conceivable measure to fight
against racial discrimination," the report's introduction says, later
adding that apartheid is unknown in Japan. The report covers the situation of the Ainu, Korean
residents and other foreigners. The government noted that there were an
estimated 23,782 Ainu in 2006. A Hokkaido Prefectural Government survey in 2006
showed 93.5 percent of Ainu youths go on to high school, and 17.4
percent go on to university, an improvement from recent years but below
the national average, in which 98.3 percent of all youths enter high
school. About 38 percent of all people who live in municipalities where
Ainu reside go on to university, the survey noted. About 30 percent of Hokkaido's Ainu said they had
experienced discrimination at school, in job interviews or when getting
married, or that they knew of someone who had experienced such
discrimination, the same survey indicated. The report to the U.N. notes the Diet's passage of a
resolution in June recognizing the Ainu, and that the government has
set up an advisory panel to discuss Ainu policies.
Once a 'gaijin,' always a 'gaijin'
Gaijin. It seems we hear the word every day. For some, it's merely harmless shorthand for "gaikokujin" (foreigner). Even Wikipedia (that online wall for intellectual graffiti artists) had a section on "political correctness" that claimed illiterate and oversensitive Westerners had misunderstood the Japanese word.
I take a different view: Gaijin is not merely a word; it is an epithet — about the billions of people who are not Japanese. It makes assumptions about them that go beyond nationality.
Let's deal with the basic counterarguments: Calling gaijin a mere contraction of gaikokujin is not historically accurate. According to ancient texts and prewar dictionaries, gaijin (or "guwaijin" in the contemporary rendering) once referred to Japanese people too. Anyone not from your village, in-group etc., was one. It was a way of showing you don't belong here — even (according to my 1978 Kojien, Japan's premier dictionary) "regarded as an enemy" ("tekishi"). Back then there were other (even more unsavory) words for foreigners anyway, so gaijin has a separate etymology from words specifically meaning "extra-national."
Even if one argues that modern usage renders the two terms indistinguishable, gaijin is still a loaded word, easily abused. Consider two nasty side effects:
1) "Gaijin" strips the world of diversity. Japan's proportion of the world's population is a little under 2 percent. In the gaijin binary worldview, you either are a Japanese or you're not — an "ichi-ro" or a "ze-ro." Thus you suggest that the remaining 98 percent of the world are outsiders.
2) . . . And always will be. A gaijin is a gaijin any time, any place. The word is even used overseas by traveling/resident Japanese to describe non-Japanese, or rather "foreigners in their own country," often without any apparent sense of irony or contradiction. Logically, Japanese outside of Japan must be foreigners somewhere, right? Not when everyone else is a gaijin.
Left unchallenged, this rubric encourages dreadful social science, ultimately creating a constellation of "us and them" differences (as opposed to possible similarities) for the ichiro culture vultures to guide their ideological sextants by.
For those hung up on gaijin's apparently harmless kanji ("outside person"), even that is indicative. The "koku" in gaikokujin refers specifically to country — a legal status you can change. The epithet doesn't, effectively making classification a matter of birth status, physical appearance, race. All of this means that once you get relegated to the gaijin group, you never get out.
Allow me to illustrate that with a joke from the American South.
Question: "What do you call a black man with a Ph.D. in neurobiology from Harvard who works as a brain surgeon at Johns Hopkins, earns seven figures a year, and runs one of the world's largest philanthropies?"
Answer: "N--ger."
Hardy har. Now let's rephrase.
Question: "What do you call a white man with degrees from top-tier schools who has lived in Japan for more than two decades, contributes to Japanese society as a university educator, is fluent in Japanese, and has Japanese citizenship?"
Answer: "G--jin."
Nobody who knows I'm a naturalized Japanese citizen calls me a gaikokujin anymore — it's factually incorrect. But there are plenty of people (especially foreigners) who don't hesitate to call me a gaijin, often pejoratively.
Thus gaijin is a caste. No matter how hard you try to acculturate yourself, become literate and lingual, even make yourself legally inseparable from the putative "naikokujin" (the "inside people," whoever they are), you're still "not one of us."
Moreover, factor in Japan's increasing number of children of international marriages. Based upon whether or not they look like their foreign parent (again, "gaijin-ppoi"), there are cases where they get treated differently, even adversely, by society. Thus the rubric of gaijin even encourages discrimination against Japan's own citizens.
This must be acknowledged. Even though trying to get people to stop using gaijin overnight would be like swatting flies, people should know of the word's potential abuses. At least people should stop arguing that it means the same as gaikokujin.
For gaijin is essentially "n--ger" and should be likewise obsolesced.
Fortunately our media is helping out, long since adding gaijin to the list of "hoso kinshi yogo" (words unfit for broadcast).
So can we. Apply Japan's slogan against undesirable social actions: "Shinai, sasenai" ("I won't use it, I won't let it be used.").



















