Is there really no discrimination or racism in Japan?
This is a question that the creators of Japan’s beloved feminist podcast, SuperSmashHoes Podcast, and writer Yukari Peerless decided it was high time to ask. In a time when racism and police brutality in the United States have drawn global interest in the Black Lives Matter movement and the problems of intolerance all over the world, it’s certainly a question worth asking. Join Reflection on Racism, Diversity & Inclusion in Japan to find out more. Much of the discussion will be in Japanese but hopefully accessible.
Super Smash Hoes Podcast, hosted by Erika X and Fahreen Budhwani, and Yukari Peerless working with other NGOs have invited a group of experts and Japan hands to discuss issues of discrimination and racism in the shadows of the rising sun. Panelists include award-winning documentary film maker Miki Dezaki, Japan’s first black idol and sex worker rights advocate Amina du Jean, and Aerica Shimizu Banks,an engaging public speaker on the topic of diversity and an advocate for women of color who has accomplished much in her career. The speakers will talk about their own personal experiences with racism, ignorance, and prejudice and how to combat it.
If you wish to join the livestream, you are requested to contribute ¥1,000 yen which will be donated to two anti-racism charities. One is the Anti-Racism Information Center. The Center is an NGO that combats hate speech and raises awareness of the problems with xenophobia and misconceptions about race in a civil society.The other group is Save Immigrants Osaka which supports foreign immigrants detained in Osaka immigration center. https://www.facebook.com/saveimmigrantsOsaka/
Date: Wednesday, June 24 Time: 10am – 12pm Japan time (6pm – 8pm PST Tuesday June 23)
The Format: Round table discussion. It will be a “Webinar” on Zoom. The audience can watch but will be muted during the webinar. After the panel discussion, they will open up the floor and the audience can ask questions.
Admission: 1000 yen to a Paypal account. 100% to be donated to a charity.
The COVID-19 outbreak has hit Japan hard as of late. Classrooms remain empty after spring break, restaurants begin to provide take-out, and factories stall upcoming projects. The number of workers who are predicted to lose their jobs due to the novel Coronavirus was projected in the upwards of 1,021 people last month, according to the Ministry of Labor. Prime Minister Abe did declare a State of Emergency on April 7th, and the Ministry of Finance announced that ¥100,000 would be given to residents (and eventually confirmed that foreign residents were included) but some experts argue that this declaration occurred too late.
While April would normally be the start of new jobs for many in Japan, this April seems to have an opposite turnout for most job-seekers. Lines outside of Hello Work* buildings all over the country would be twice as long as lines for masks outside of drugstores. Certain locations have also reduced the amount of staff members on-duty, causing longer waiting times at local Hello Work branches.
(Hello Work is an employment service center operated by the Japanese government, under the auspices of the Ministry of Health, Labor and Welfare. Its main role is to help connect job seekers to companies in need of skilled labor.)
In early April, I became a part of this statistic. My 6-month contract at a city hall in Osaka was not granted for renewal, and the job openings for tourism and English education in the area seemed to have vanished as the governor also declared a state of emergency. I decided to reach out to Hello Work to see if I was eligible for any benefits and to search for jobs through their system.
I arrived on a Thursday morning around 11AM. The line encircled the entire building and moved slowly. There was little distance between us and we stood outside of the building for about two hours. Bottles of hand sanitizer were available to use before entering the building. It reminded me of Disneyland for a brief moment.
Once I entered the Hello Work office, I was greeted by an energetic staff member. Everyone in the office, including the job-seekers, were wearing masks. We were told to sit two to three seats apart from each other, and the seats for the computer lab were 1 seat apart. There appeared to be no multilingual support at this Osaka branch. Many of the people in the room appeared to be elderly or recently graduated from university. Some of the job-seekers previously worked in factories or in retail.
After about an hour, it was my turn. Since my previous contract was only for six months, I was unable to receive any benefits. But the staff member who assisted me thoroughly searched and found about fifteen jobs that I could apply for. The process itself took about 10 minutes. I turned around and saw the computer lab filled to the brim with anxious job-seekers. Most of them has 0 search results, and the staff would try their best to experiment with different search entries to find a match.
Hello Work branches all over the country seem to be facing the same dilemma. For many newly unemployed residents in the Chubu region, they faced the most difficulty with their former employer. “I did not know much about the paperwork I needed to file for unemployment”, said Guillerme Okada. “At the factories, we were suddenly told that we couldn’t work anymore. I had to ask several of my friends first.” Okada had brought someone with him as an interpreter to explain to his Japanese supervisor that he needed to give documents for Okada to receive unemployment benefits. “It is a common issue with factory workers in this area. If I struggle to get legal documentation, I struggle to trust this system. I came with my interpreter to Hello Work, but there were two already available to help me. I had a lot of support from my community and from them during this time.”
Other employers would also push back start dates and avoid paying the contracted salary despite the legal 60% minimum requirement. Maria M., a Tokyo resident, would get last-minute notices and conflicting information about her start date and paycheck.
“I had already given my previous job a month’s notice and quit to start this new one. I was supposed to start during the first week of April but they changed it. It’s at a store so telework is impossible.”
About four or five days later, she was asked to Skype with the human relations chair. Her hiring date was moved to May 15th with no pay in advance. She contacted the labor bureau about her situation. “They confirmed that my company was responsible for me. My friends [who also worked at the company] said that they were receiving part of their salary in April. When I told my employer that I contacted the labor bureau, they quickly agreed to offer me part of my contracted pay.”
During these uncertain times, it may be difficult to navigate unemployment and economic stability on top of acquiring the basic necessities for surviving the pandemic. As the numbers of infected individuals steadily increase, the ratio of available job positions drop to its lowest level in three years. However, with the national and local government bringing out new sources of financial aid for individuals and businesses alike, there is room for growth in the economy and policy change.
Just published our preprint, “Association of BCG vaccination policy with prevalence and mortality of COVID-19”. We critically evaluated the hypothesis that BCG vaccination has protective effect against #COVID19, and our analyses support the idea (so far).https://t.co/3XRZWBZrPj
On March 18th, the Japan Medical Association announced that there were 290 cases of doctors deciding that a patient needed to be tested for coronavirus, and even then the patients were not tested. The term used by JMA “不適切事例” literally translated means “inappropriate/unsuitable cases”.
The government of Prime Minister Shinzo Abe seems intent on keeping the official numbers of infected down and that means not only making the standards for getting a test very high (for example, you must have a fever of over 37.5 degrees Celsius for four days) but it also seems to be actively discouraging tests.
Nathalie Kyoko-Stucky interviewed one woman who was denied testing in Tokyo. This is her story.
Patient Zero, age 31 is a project manager in Japan working for an IT firm. She asked for her name to be omitted and some details of her story obscured for fear of being stigmatized socially. She lives in Tokyo.
“I started to feel very tired March 7th and had a low fever of 37.2. Thought i was just tired from work. On Monday, I felt really tired at work and on Tuesday, I struggled to go to the office and only stayed 2 hours and came home. Tuesday night, I started to get a cough and by 10pm I felt i was getting sick and my fever was 37.5 degrees.
Wednesday morning I woke up feeling sick and extremely tired and had a fever of 38 degrees.
Over the next few days, I stayed in bed sick. I started feeling a pain in my chest and it was getting painful to breathe. On Saturday, I called the Coronavirus hotline because by that point I had fever over 37.5 for 4 days.
I called them because I didn’t know what to do. I didn’t want to go to a normal hospital and accidentally spread it so I called for advice.
The lady told me that the Shinagawa Healthcare Center (品川保健所）is closed on the weekend, and I should call them on Monday when they opened. But, she said if I became sicker, I should just go to the hospital.
On Sunday there was still no improvement. I had pneumonia when I was in high school and my body felt similar to that time so I was a bit worried. So I called the hospital and told them my story and that at the minimum I wanted an x-ray. They told me, “Okay please come in.”
At the hospital they asked if I went to an onsen, had overseas travel, or if was in direct contact with a COVID-19 patient. I said no.
Luckily my x-ray came back clear for pneumonia, but the doctor diagnosed me with pleurisy.
Note:(Pleurisy (PLOOR-ih-see) is a condition in which the pleura — two large, thin layers of tissue that separate the lungs from the chest wall — becomes inflamed. Also called pleuritis, pleurisy causes sharp chest pain (pleuritic pain) that worsens during breathing.It can be caused by viral infections, pneumonia and other conditions
I felt the doctor was kind but his hands were tied.
On Monday, my fever was will going between 37.5-38, and my boyfriend called the health care center. It took hours to get through because the phone line was always busy.
After getting through to someone and explaining the situation, the women answering the phone said she can’t authorize a test because I have not traveled abroad and I have no direct contact with a COVID19 patient.
Her advice was, ” If it is still bad or gets worse in a few days, go back to the hospital and beg the doctor himself to call the healthcare center and request a test for me.
At that point I realized it’s impossible to get a test. I didn’t want to risk going outside and accidentally infecting someone.
Unfortunately, the part which is most frustrating for me now is that I don’t know if I actually have it or not.I was considering trying to go back to the US to help my mother who is in her seventies, but I cannot risk going back and spreading it to her.
Luckily today, on March 21, it was the first day that I haven’t had a fever since March 7. I lost my voice and talking still irritates my lungs but most of the chest pain is gone.
So I had fever for 14 days. It’s very surreal.
I was so surprised why they set up the hotline to call, but advice from both numbers was “just to go the hospital”.
I expected they would tell me where to go for example or perhaps advise me to stay home in quarantine.
What’s the point of a hotline if the advice is “just go to the hospital”?
Personally that made me feel like there is not much fear about it spreading in the medical establishment. This worries me.
Also as a side note, I had been extra careful , carrying hand sanitizer everywhere I went and also never was outside without a mask. I even was using taxis the majority of the time to avoid the train.
This is just one example of a person who most likely should have been tested for the virus and was not. If you have experienced something similar, please write us with the heading CVTESTS at email@example.com
A priority item on the agenda of the first Shogun of Japan, Tokugawa Iyeyasu when he seized power in 1603, was to limit foreign travel to Japan. He issued several orders like the ones we’re seeing around the world at this moment: urging the Japanese to stay put in their own communities and urging all foreigners to get the hell out. By foreigners, Iyeyasu specifically meant the European missionaries who were spreading ideas – like a virus! – about an omnipotent God that transcended traditional Japanese values. They also extolled the virtues of non-violence and giving to the poor; two factors that the new Shogun viewed as particularly harmful to his authority. The ‘aliens’ had to go, and those who didn’t, were eventually executed or banished to Dejima Island, off the coast of Nagasaki. Iyeyasu’s son and grandson tightened the screws on the lockdown as they in turn, became the Shogun. Japan effectively bolted its doors to the outside world and Sakoku*・鎖国(shutting down the country)’ went into effect.
Initially, other clan lords were skeptical about this sakoku thing. Before Iyeyasu came along, Japan had a fairly robust import/export system, supported by a prosperous merchant class in Osaka. Without inbound travelers and foreign business, these merchants were sunk, as was the burgeoning currency economy. But Iyeyasu shrugged off their complaints and worries. He chose reclusive isolation over commerce and progress, and for the next 265 years, Japan became a ‘hikikomori (shut-in)’ in the global community. Everything passed us by: the Industrial Revolution and the locomotive, colonialism and corsets, Mozart and coffee, the printing press and chocolate. Everything.
*Writer’s Note – Contrary to the belief that the Tokugawa Shogunate coined the term ‘sakoku’ which literally means a ‘country in chains,’ it was actually invented by German explorer Engelbert Kaempfer in the late 17th century and later translated into Japanese.
In the meantime, the Japanese got a lot of practice on keeping calm and carrying on behind closed doors, in spite of or because of everything happening in the larger world. Sure, sakoku sucked in a hundred ways but it also created a uniquely weird culture that continues to enthrall or amuse people all over the world. Iyeyasu’s capital city of Edo – now called Tokyo, was a haven of stability and prosperity with an unparalleled ecological and recycling system.
The sakoku mind-set made all this possible – a willful and deliberate closing of the shutters to the outside world while making sure that plenty went on inside. Call it aloofness, coldness or a thick-skinned pragmatism. In times like this, such traits can come in pretty handy.
You may have heard that the Japanese aren’t very expressive – well that’s just not true. The Japanese are THE LEAST expressive people in Asia which probably makes us the most rigid people on the planet. Long before this virus thing the Japanese have been wearing masks – as a prevention against all ills including a bad skin day and questionable breath. The mask was also fashionable among teenage girls, as hiding their mouths made them feel more attractive. (Kissing with masks was a real thing in the early aughts too, because many young couples deemed it erotic.) We were also adamant about washing hands, gargling and refusing to eat off communal plates.
Smiling and laughing in public, talking to strangers, physical displays of affection – these things are normal in western cultures but they’ve never taken off here unless it became a fad. Like being friendly to foreigners and embracing diversity was a fad that many Japanese felt pressured into doing because hey, globalism and the Olympics 2020. But now COVID-19 has given the Japanese a very good reason to go back to the way we were. Unrelenting, inexpressive, rigid and distanced. It’s all cool. Show me a person with a secret stash of face masks and 30 rolls of toilet paper and I’ll show you a model Japanese citizen.
As for touching one another, it’s a whole other issue unto itself. The Japanese just don’t do this, and never had. Though many of us love the idea of casual cheek kisses a la Francaise, we just couldn’t muster the courage to try it on a Tokyo street. Now, we don’t have to pretend anymore. Social distancing may be a new and scary concept for the west but to us, it’s very familiar, like our parents to whom we pay the obligatory visit over New Year’s.
Speaking of which, I don’t ever remember being hugged by my late father, who devoted much of his life to wedging a good, 1.7 meter distance between himself and the rest of the world. It wasn’t just him of course, many Japanese males can’t bring themselves to get close to anyone they know, which paradoxically explains why there’s so much groping on the trains. But the virus has resolved that snag–what with schools closed and people ordered to work remotely, the morning trains are far less crowded and consist mostly of masked salarymen clutching phones with one hand and briefcases in the other, studiously avoiding all eye and physical contact.
You might say the Japanese are good at this. There is little of the sense of deprivation and loneliness that say, an American person might feel about the loss of casual physical contact. We’re not touching, we’re not smiling, but who’s to say we’re not having fun underneath our face masks?
Editor’s Note: And judging by the hanami crowds this weekend and in accordance with the Ministry of Health’s “Let’s go outside!” admonitions, it seems like Japan’s 鎖国（sakoku ) period may end very soon.
Just for the record, while big concerts and public events are not happening, there’s still plenty going on in Tokyo and most restaurants and department stores have stayed open. Other venues include:
1) Shinjuku Gyoen Park Located in Sendagaya, this place is heavenly for a stroll among the greenery and themed gardens.
As of March 1st, Japan has already seen more than 900 people get infected by the deadly coronavirus. To avoid contributing to the spread, many businesses have decided to suspend operations; schools in some prefectures are closing for a couple of weeks.
Naturally, you might wonder how you are going to survive all of March if your employer suddenly cancels some or all of your shifts. This has happened to a number of teachers already. Here is a guideline which summarizes everything you need to know to still receive your salary.
If you were Hired by Board of Education and Teaching at Public Schools
If you are employed by a board of education, teaching language classes, or working for a public school in any way, you should contact your employer (it would most likely be the prefectural board of education) and ask whether you will still be guaranteed your March salary. Essentially, it’s up to your employer (board of education) whether to continue to pay for the classes you were forced to miss. The Tokyo Board of Education has decided that part-time lecturers/teachers would still be guaranteed the same amount they would have received even if schools are closed due to coronavirus. (授業がないと給与が払われない？ 一斉休校による「非正規」教員への影響)
Remember, this particular rule only applies if you work for a public school and are employed by a board of education. Thus, assistant language teachers (ALTs) who are employed by dispatching agencies do not have to worry about contacting their local board of education.
If you are NOT employed by a board of education, then this is what you have to know. Unless it is you who decided not to go to work, due to various reasons–such as the fear you might get infected commuting–you should still be paid for the time missed. It does not matter if you are working full-time or part-time, whether you work as a regular employee (seishain) or on a temporary, fixed-term contractor (hi-seiki), every worker has the right to receive the full amount.
No matter what the reasoning behind closing operations temporarily, employers must pay at least 60 percent of your salary if they tell employees not to show up. Article 26 of the Labor Standards Act which states that “in the event of an absence from work for reasons attributable to the Employer, the Employer shall pay an allowance equal to at least 60 percent of the Worker’s average Wage to each Worker concerned during said period of absence from work.”
For example, your March shifts had already been set, and you had ten days/shifts, 8 hours a day, in March, and your hourly wage is 2000 Yen, for a total of 160,000 Yen. Your employer canceled all of your shifts because of the coronavirus. You should still be able to receive at least 60 percent of that 160,000 Yen which is 96,000 Yen, according to the Labor Standards Act, no matter what your employer tells you or what the reason for closing the company operations.
On top of that, 60 percent is the absolute minimum that your employer must pay to avoid being persecuted for violating the Labor Standards Act. You have the right to demand that your employer pay 100 percent of your missed salary since it was not your fault that you could not work. It might not be your employer’s fault that the coronavirus is spreading so rapidly and we are in a total chaos (Japan Shows Coronavirus May Be a Gift—for Would-Be Dictators https://www.thedailybeast.com/japans-coronavirus-cruise-ship-debacle-shows-epidemic-can-be-a-gift-for-would-be-dictators?ref=author) , but what matters in receiving renumerations is that it was your employer (and not you) who told you not to come to work.
In order to still receive your salary, make sure to keep track of your missed shifts (dates, hours) and calculate how much you ended up not getting paid. When your March payday comes, and you find out your employer did not bank transfer your March salary, then you can write a letter to your employer demanding that it pay your March salary. If your employer still decides not to compensate, then you can go to the labor standards office, which oversees the district where your workplace is (not where your company headquarters is) and have an officer investigate.
Or you can contact labor NGOs or labor unions for assistance. There’s a labor NGO called Posse, which is running a coronavirus hotline for foreign workers on March 4thfrom 5 pm to 8 pm, offering legal advice in English free of charge (WE ARE STARTING A CORONAVIRUS (COVID-19) HOTLINE FOR FOREIGN WORKERS! https://blog.goo.ne.jp/posse_blog/e/0125cd742806a2d9b201bbae5d7c29b1).
What if the company wants you to come, but you don’t want to show up?
You have two options. The first option is to use your annual paid leave. Article 39 of the Labor Standards Act guarantees ALL workers that you are entitled to receive at least a day of paid leave after working for the same employer for six months. If you work full time, then you should have at least ten days per year after six months of being employed by the same employer. The chart on page 42 tells you how many days of paid holidays you should have (https://www.hataraku.metro.tokyo.jp/sodan/siryo/29-5rodojikan.pdf) and you could have more if your contract states otherwise. You have the right to decide when you want to use your annual paid leave. It would be illegal for your employer to restrict you from using your paid leave.
The second option is to apply for a benefit called “shou byou teate kin (傷病手当金)”. You can receive a payment from your health insurance provider if you are sick and have to take more than three consecutive days away from work. You need to have missed your paycheck and have to have your doctor fill in the paperwork to receive a payment, which guarantees you get 67 percent of your monthly salary.
What if You Are Infected with Coronavirus during Work?
This might be the worst-case scenario, but if you are (or if you think you are) infected with the coronavirus during work, you should apply for workplace injury compensation (Industrial Accident Compensation Insurance is the official English translation of the Japanese term, rosai 労災). It’s up to the labor standards office to determine whether your infection is work-related or not, but if it does so, you should receive free medical services, and 80 percent of your salary is guaranteed. For the 20 percent of your salary the insurance does not cover, you have the right to demand your employer to cover that part since it is a workplace injury. No employer can terminate a contract of an employee who is taking a leave due to workplace injury.
See Ministry of Health, Labour, and Welfare: Industrial Accident Compensation Insurance Guideline for Foreign Workers
So what should you do if your employer tells you not to come? First, you should make sure to keep track of how many days or hours you are forced to miss. If you use an online calendar in which your employer can delete your shifts easily, make sure to take a screenshot of your schedule before your shifts get removed. Then you should demand your employer to still pay for the time missed. If you are not sure about what to do, there are several NGOs and labor unions which you can contact in English. There’s Tokyo General Union (https://tokyogeneralunion.org/), which mainly organizes language school teachers, and there’s Posse (https://foreignworkersupport.wixsite.com/mysite/english), a labor NGO working on behalf of foreign/migrant workers.
(This post is based on the material published in the article written first in Japanese by a labor activist/researcher Haruki Konno. Some parts of the original material are modified. If you are looking for similar information in Japanese, please refer to the link below)
TOKYO–Mickey Mouse, the Chairman of Tokyo Disneyland Resorts Worldwide (TDRW), and his number two, Donald Duck, were arrested today by Tokyo Special Prosecutors on charges of accounting fraud, as they arrived on a private magic carpet at the Tokyo Disneyland Resort around midnight on January 10th.
Mickey Mouse, “The Cheese and Expenses Eater” once considered a hero in Japan for his successful turnaround of Tokyo Disneyland when it was threatened with bankruptcy thirty years ago, had no comment about the arrest. This may be because he was immediately thrown in a cage, where he will be held for twenty-three days, where he will be interrogated without a lawyer from morning until night, without being informed of the charges against him, kept in solitary confinement and will be urged to confess to his crimes before being rearrested, while the prosecutors obliquely threaten his family and friends. The Tokyo Prosecutors are already preparing an arrest warrant for Minnie Mouse–according to official unofficial leaks to the Japanese press.
CEO Duffy, once considered Mr Mouse’s protege, held a press conference this morning where he decried his boss as a traitor and maniacal dictator who desperately needed to be removed for the greater good of TDRW (Tokyo Disneyland Resorts Worldwide) and Japan.
“He’s no mouse,” said CEO Duffy, “He’s a rat. We’ve already spent the yen equivalent of 100 million dollars on an internal investigation to determine that Mr Mouse has eaten several cheese dogs at the park without paying. Although, the blow to our public image may cost us the yen equivalent of $900 million, we feel that every yen spent or that will be spent was worth it.”
Duffy would not answer questions as to whether Disney executives, specifically The Beagle Boys, had made a plea bargain with the prosecutors prior to the arrest. Some of his answers were unintelligible, as he kept eating cheese dogs through most of the Q & A.
Justice Minister Minnie Mori in a hastily released statement said, “I realize that to many children Mickey Mouse is a hero but not here. The real heroes here are the daring prosecutors that have devoted a year of their time to catching this dastardly threat to Japanese corporate elites and Japanese sovereignty.”
The hastily prepared statement released today in 37 languages, had special praise for Japan’s once respected Office Of The Special Prosecutors.
“These heroes, the special prosecutors could have wasted their time going after the executive at TEPCO, who’s criminal negligence probably made them responsible for the worst nuclear accident of the last decade . Or the bureaucrats who forged and destroyed public documents related to the Moritomo Gakuen project, which would have needlessly embarrassed the Abe administration. (And really, the public doesn’t have the right to know…anything) They could have indicted Prime Minister Abe’s biographer on charges of sexual assault, or executives at Takata Airbags for making defective products that killed people, or gone after Toshiba, but that would have been cowardly pandering to public opinion and not serving the greater interest of the Liberal Democratic Party nation.”
“I can personally assure you that Mr Mouse will go through a farcical trial after several arrests and spending months in jail, only to be convicted in our incredibly just and fair system with its 99% conviction rate. It is a system where above all else, we completely respect the Universal Declaration of Human Rights which says that the accused is presumed guilty until proven guilty innocent.*”
At the cursory press conference, when questioned by the foreign media about the treatment being given to Mr Mouse, with the presumption of guilt, the pre-trial incarceration in a solitary jail cell and other issues, Minister Mori refused to comment. When asked what was the evidence of financial fraud, Minister Mori just giggled and ate a cheese dog.
When a reporter from the New York Times, speaking out of turn, yelled “Don’t you feel that the harsh treatment might be violating his human rights?” Mori had a snappy comeback.
“What human rights? He’s a fucking mouse.**”
The article posted above is satire. Any resemblance to events related to the Tokyo Prosecutor and Nissan’s disastrous collusion in prosecuting Carlos Ghosn are purely intentional. Japan’s current Minister of Justice stated twice, tweeted once and posted on Facebook the words ˆ無罪の証明” stating that the accused must prove their innocence in Japan, which is the reality. In theory, the prosecutors must prove guilty, or the accused must be found not guilty and go free. In Japan, once you are arrested you can be held up to 23 days without being charged. Those who assert they are innocent are often held for months and sometimes years before their trial, a system called “hostage justice“. Nissan has now spent close to $200 million pursing a case against the CEO that rebuilt the company. The amount of funding Ghosn is accused of putting into his own pocket is less than $20 million–assuming that there is any merit to those claims by Nissan executives. In consideration of the drop in share value, the pubic relations fiasco, and the amount of money already spent on this debacle, the whole thing seems to be a great example of poor cost performance.
** “I was taught yakuza and foreigners have no human rights,” said a former prosecutor who also authored 検事失格.
Carlos Ghosn, the former chairman of Nissan, now a fugitive, will make his first public appearance on Wednesday, several days after his dramatic escape from Japan. He was scheduled to be tried for alleged financial misconduct….in 2021. (He was arrested in 2018 and detained for 128 days)
After being muzzled for months by Japan’s prosecutors, under a Damocles sword that if he held a press conference, he would be re-arrested and thrown into “the pig-box” (detention cells/jail), Carlos Ghosn will tell all tonight.
Ironically, the Japanese media, which has except for a few periodicals, kept leaking information from Nissan and the prosecutors without scrutiny, has been shut out of the press conference.
According to Fox Business News:
Carlos Ghosn told FOX Business’ Maria Bartiromo this weekend that he has “actual evidence” and documents that will prove that this was a coup to take him down.
Ghosn told Bartiromo that at a press conference this week he plans to name names, including some people behind the Japanese government which he believes, are behind his 2018 arrest over financial misconduct allegations. Ghosn believes “they wanted to take him out” because he was going to merge with Nissan and Renault.
The big questions: who are the suspects, who will be on the J’Accuse list？
Based on talks with Carlos Ghosn, his lawyers and former Nissan and Renault executives here is my list of the unusual suspects .
Yoshihide Suga (Cabinet Spokesman)
Hari Nada (Nissan executive who made a plea bargain with prosecutors)
Hitoshi Kawaguchi (Nissan executive and close friend of Suga)
Akihide Kumada (former special prosecutor, Prime Minister Abe’s pet lawyer)
Toshiaki Ohnuma (Nissan executive who allegedly made a plea bargain with prosecutors)
Masukazu Toyoda (former METI official who seems to have been put on Nissan board just in time to plot Ghosn’s downfall. Nissan spy?)
Phillippe Klein (Renault)
Allegedly was in Renault on November 20th all the “evidence” to prove Ghosn was guilty.
Hiniku Taro, a former special prosecutor, implores Ghosn to respect Japan’s rule of law
It is most regrettable that Carlos Ghosn, the convicted criminal, former CEO of Nissan has cowardly chosen to escape from Japan rather than face a fair trial and inevitable conviction in Japan’s prestigious courts. This is very disruptive of our justice system and the prosecutor conviction statistics.
I think there is a cultural misunderstanding on the side of Ghosn-san that has led to this rash decision. As you may know, Japan is a country where justice works on the presumption of innocent until proven guilty. Which is the tatemae–like when your mama makes you a rice cake with zoni and you say it is good even if is not so tasty. Some have said, that in Nippon you are presumed guilty until proven innocent. This very true—up to certain point. That certain point, in my experience, being when we decide whether to indict or not. If it is not a slam dunk case, then we presume you are innocent because we don’t like to lose.
But once we indict you, we have 99% conviction rate. So post-indictment, you are presumed guilty until proven guilty. And Ghosn has unfairly denied us the right to prove his guilt. This is a great shame.
We only denied Ghosn 6000 files in preparing his defense and only kept him in jail for 129 days before his trial. We most benevolent but no no thank you from him. Just whine whine whine. He would have had a fair trial and been fairly convicted based on the incredibly slanted, selective testimony and evidence the prosecutors had arranged and altered, and a stark refusal to allow in any testimony that might exonerate him,.
Even then, he would still have a 1% chance of being found not guilty of some or all of the charges. Of course, since the prosecution can appeal cases in Japan, and we like to do, we’d probably have convicted him the second round. Yes, because you can get tried for the same crime here but we have no double jeopardy–in theory.
How do we know what’s a serious crime? Well, when a foreigner does it, it’s a serious crime. It is in the unwritten Roppo. When Coincheck, loses over a billion dollars worth of virtual currency–was there a crime committed? We don’t care. When Mark Karpeles, a FRENCHMAN, running a virtual currency exchange is hacked out of a half billion worth of virtual currency, we arrest him on whatever charges possible. knowing he must be guilty. And we hold him for 11 months, questioning him with no lawyer present, because we know he’s guilty. And when the IRS, Homeland Security and US authorities arrest the real hacker, we try to block that evidence from being submitted into court. And when the court finds him not guilty on major charges, and the crazy judge rebukes us?
We don’t talk about that. Not good idea to talk about that. And what about Enzai (冤罪) –wrongful convictions? This only happens in case of Japanese, who are very old and probably going to die in prison, so we say okay, maybe not guilty. Oh and that Nepalese guy wrongfully convicted of murder. Oops. Prosecutors are humans, too. PS. Don’t read those back issues of that magazine devoted to cases of injustice in Japan. Very old now. Much changed!
We work very hard to find or make evidence that will our make case. Ghosn and his lawyers were very uzai. Why would we want evidence that could exonerate the accused when we already have enough to win the case? We get so tired of whiny liberal lawyers who want a ‘fair’ trial for their client. L-o-s-e-r-s. This is why we will find any reason to deny them crucial evidence or share it with them—and also because we can!
The judge is almost always going to give us what we want. That’s how the system works. And as a long time resident of Japan, Carlos Ghosn must respect that system. It is the honorable thing to do. It very simple.
A Guide To The Japanese Prosecutor’s Office
You do or not do a crime.
Someone reports the crime to the police, who may or may not make an arrest. THEN
A) If you are politically connected to Prime Minister Shinzo Abe, his friends, or LDP and bonus points if you are wealthy business executive, the case is stopped early and investigation quashed.
If gung ho police insist, or foolish lower level prosecutors take papers from police, we wait until Japan wins Olympic bid or some big event and then announce that we won’t prosecute—so nobody notice.
B) If you are politically connected, you report crime to the police or even better, special prosecutor, and make back-door deal. Plea bargaining now welcome, welcome.
We arrest suspect (dirty foreigner or vocal critic) on lesser charges! Go to jail. If you don’t confess, we go to friendly judge and say, “He/she will destroy evidence or escape while we work little bit more. Can we keep them 10 more days?” Judge says, OK! We can hold you for up to 23 days, easy-peasy. Then like fish on a hook, we let you go–then rearrest! We hold them in jail until they confess and rigorously interrogate them every day.
If they don’t confess, it’s only because they’re guilty. And if they do confess, well we were right, they’re guilty.
Get With The Game, Ghosn!
This is Japan and everyone must play their part. We make occasional politically motivated public arrest of big person, but not anyone close to the Prime Minister. We leak like crazy to Japanese media bad things about suspect–even that they confessed. We prepare for the trial, hoodwink the lawyers, refuse to show them our evidence–because we can get away with it and the law doesn’t force us to do it, nor will the judge, and then we win. 99% of the time. And if we lose 1% of the time, well we win on the appeal. 😜
The role of the indicted is to either confess early or endure the proceedings and then get convicted anyway, but winning or escaping–that’s not an option.
Shame on you, Carlos Ghosn. You have made a mockery of the Japanese system of injustice justice. And what is even more unforgivable is that your selfish act may actually lower our conviction rates to less than 99%!
Hiniku Taro is a former prosecutor, now in private practice, after resigning from office when he was discovered to have forced a local politician to confess to being a serial underwear thief, ‘on a hunch’, in 2002. He says, ‘Even though I may no longer be a prosecutor, I never forget the valuable lessons I learned on the job such as yakuza and foreigners have no human rights’. For more information see the webpage for Hiniku and Tanuki Sougo General Law Horitsu Jimusho, located in Chiyoda-ku, Otemachi.
Shinbun Kisha (The Journalist) is getting great box office and rave reviews, belying the myth that a Japanese movie about newsrooms and politics just won’t cut it. Based on the bestselling autobiography by audacious Tokyo Shinbun (東京新聞) reporter Isoko Mochizuki, The Journalist is a suspense thriller about how the titular woman journalist dared go after the government to unveil conspiracies and cover-ups. Infuriatingly, most of her male colleagues are intent on adhering to the status quo. Alone and isolated, the journalist teams up with a young bureaucrat from ‘Naicho’ – the Cabinet Intelligence and Research Office – to expose a government scandal that’s almost an exact reenactment of Prime Minister Abe’s ‘Morikake’ incident.
“All Japan needs is a mere facade of democracy,” goes a line in this movie, implying that the nation neither needs or wants the real deal.
But now, with the House of Councillors election happening on Sunday, politics is on many peoples’ minds, including millennials that had shown zero interest in the past. Tickets in 42 theaters have sold out and the movie’s distributors announced that they will be printing 10,000 new copies of The Journalist pamphlet, as they’ve been selling off the shelves in theaters across Japan. Next week, the two main cast members will appear on stage at a theater in Shinjuku, to take their bows and answer questions from the audience. It looks like politics and newsrooms are a winning combination!
The Journalist is gripping, wrenching and ultimately cathartic, even if the plucky heroine doesn’t oust the evil government agents or get an enormous raise for her efforts. No, what happens is that news hound Erica Yoshioka (played by South Korean actress Shim Eun-kyung), after a series of grueling assignments that require round-the-clock investigating, not to mention the actual writing –gets to keep her job so she can start the cycle all over again in the name of quality journalism. Yoshioka also keeps her dignity and integrity intact, which is much more than one can say for Japanese movies about professional women, or let’s face it, women protagonists in general.
The role of Erica Yoshioka is gutsy and intriguing and you can’t help but wonder why a Japanese actress didn’t snap it up. Rumors are going around that all the possible candidates had turned it down because they didn’t want to get involved in anything anti-government and were afraid of the backlash. Shim can return to South Korea, but Japanese actresses have to live and work here.
Personally, I’ll take what I can get, and bask in the fact that The Journalist got made at all. Usually, such projects never get off the ground. Not only does The Journalist dig at some old scars the current Administration would rather forget, it bears the hallmarks of a well-meaning dud. There is no love story. There are no sex scenes or girl idols to alleviate the complete seriousness of the proceedings. And the director, Michihito Fujii, is only 32 years old with no blockbusters on his resume. Initially, Fujii turned down the offer of director since, as he professed in an online interview, “I didn’t know anything about politics or the news.” Still, once he signed on, Fujii did the research, hit the books and lined up interviews with government officials. The story benefits from his efforts but the directing seems just a tad stiff and two-dimensional. Perhaps Fujii was too caught up in the material to do more than connect the dots, albeit with meticulous expertise.
As it is, The Journalists belong to Shim and Tohri Matsuzaka who plays Sugihara, the elite bureaucrat working for ‘Naicho’. They give their all to film and Matsuzaka has been commended on social media for taking on a “dangerous” role that could potentially give him a bad name (the anti-government name).
Compared to Shim’s Yoshioka, Sugihara is more nuanced and inwardly tortured. His job is to protect the current administration and make sure the press don’t get their hands on any problematic information, but he has his misgivings. When his boss commits suicide to cover up another cover-up, Sugihara is shaken.
(Editor’s note–this is based on the suicide of a Finance Ministry official who killed himself rather than take part in deleting or altering government documents that implicated Prime Minister Shinzo Abe in a scandal relating to a government land-sale to a right-wing elementary school, run by his crony. None of the other officials who participated in forging public documents, which is a criminal offense, were charged; the female prosecutor who dropped the case was promoted)
The boss’s last words to Sugihara had been “don’t end up like me,” and Sugihara can’t fathom whether that meant “don’t die” or “don’t get involved in anything bad.” For a Naicho bureaucrat, the two most likely mean the same thing. Matsuzaka is a revelation – he has always been good but The Journalist shows his range. Last year, he was doing sex scenes ad nauseum in Call Boy and here, he never even takes off his jacket.
A word about Shim as Yoshioka: in the movie, her character has a Japanese father and a Korean mother, hence her accent when she speaks Japanese. Yoshioka completely lives for her job, to the point of excluding everything else from her life. It turns out that her father (also a journalist) had killed himself over an incident involving fake news. As his daughter, she had vowed to pursue the truth, whatever the cost. Shim’s performance is excellent, and one can only hope there will be a future where Japanese actresses will go for roles like this – far, far away from the planet of ‘Kawaii’.
In real life, there aren’t a whole lot of women journalists working for Japanese newspapers. Many don’t make it past the first five years; what with the long hours combined with frequent transfers to regional branches, incidents of sexual harassment, gender discrimination and of course, that thick glass ceiling – the job doesn’t exactly encourage them to stay on.
Isoko Mochizuki, the author of the book on which the film is based, however, is changing the scenery. As mentioned above, she’s a veteran reporter for Tokyo Shinbun which is famed for its hard-hitting investigative journalism and for being the Abe Administration’s most vocal critic. Her frequent cross questioning of Chief Cabinet Secretary Yoshihide Suga, has ripped a big hole in Japan’s infamous ‘kisha club’ system (where only the reporters of major newspapers are allowed to attend closed press conferences). And now, with the unexpected success of The Journalist, perhaps we can start discussing hard-hitting issues like democracy and freedom of the press. Who’s to say the Japanese don’t need it ? They seem to love films that bring up these issues.