Immigrants are equal citizens, not guests

There is no quick or easy way out, but Europe — and Japan — should start by making economic migration legitimate

Baruch Spinoza, the 17th-century Dutch philosopher, Benjamin Disraeli, the 19th-century British prime minister, and Nicolas Sarkozy, the 21st-century French president, have one thing in common: all are sons of immigrants. People have migrated to other countries for thousands of years — to escape, prosper, be free, or just to start again. Not a few enriched their adopted homelands by achieving great things, or producing children who did.

New waves of immigrants are rarely, if ever, popular. But they are often needed. Many people have migrated to western European countries from North Africa and Turkey during the last half-century, not because of western generosity, but because they were required for jobs that natives no longer wanted. They were treated as temporary workers, however, not as immigrants.

Once the job was done, it was assumed that the migrants would go home. When it became clear that most had elected to stay, and were joined by extended families, many were grudgingly allowed to become citizens of European states, without necessarily being treated as such.

Xenophobes, as well as leftist multi-cultural ideologues, regarded these new Europeans as utterly different from the native born, albeit for different reasons. Multi-culturalists saw attempts to integrate non-westerners into the western mainstream as a form of neo-colonialist racism, while xenophobes just didn’t like anything that looked, talked, or smelled foreign.

We who live in rapidly aging societies, such as western Europe or Japan, still need immigrants. Without them, necessary institutions, such as hospitals, would be unstaffed, and more and more elderly people would have to be supported by fewer and fewer young people.

And yet many politicians, especially in Europe, now treat immigration as a disaster. New populist parties garner large numbers of votes simply by frightening people about the supposed horrors of Islam, or of clashing civilisations. For the populists, however, the real enemies — perhaps even more nefarious than the immigrants themselves — are the ‘cosmopolitan elite’ who tolerate and even encourage these horrors. Mainstream politicians are so afraid of this populist demagoguery that they often end up mimicking it.

The failure of integration of non-western immigrants in such countries as France, Germany, or The Netherlands is often exaggerated by hysterical alarmists; Europe, after all, is not about to be ‘Islamised’. But the fact that some young people of African, South Asian, or Middle Eastern descent feel so alienated in the European countries of their birth that they are happy to murder their fellow citizens in the name of a revolutionary religious ideology, means that something is amiss. Children of immigrants in the past, however unwelcome they were made to feel, rarely wished to blow up the places to which their parents had chosen to move.

Politics in many Muslim countries is partly to blame. Islamist extremism is a handy revolutionary creed for vulnerable young people to latch onto, to gain a sense of power and belonging. Hindus, Christians, or Buddhists lack such a cause, which is why political extremism is largely confined to Muslims. But, as the occasional riots in France show, violence is not confined to Muslims. National policies have something to do with this, but so do the deeply flawed immigration policies in the European Union.

Apart from EU citizens, who in theory are allowed to seek work anywhere in the Union (Romanian gypsies in France might argue otherwise), three other categories of people have been allowed to settle in Europe: former colonial subjects, such as Algerians in France, Indians and Pakistanis in Britain, or Surinamese in The Netherlands; ‘guest labourers’ who arrived in the 1960’s and 1970’s; and political refugees, the so-called asylum-seekers. Unlike in Canada or the US, economic immigrants are not allowed to become citizens in exchange for their necessary labour.

Integration

Immigrants — not ‘guest workers’ — who come for work are more likely to want to integrate to some degree, and to be treated as fellow citizens, than people who come with the baggage of empire, or simply as refugees, or, worse, people pretending to be refugees because they have no other way to gain access to wealthy countries’ job markets. But European welfare states are better equipped to deal with asylum-seekers and other newcomers as needy dependents than as people in need of a job.

When European politicians claim that France, Britain, or The Netherlands are not traditional “immigrant countries” like the US, they are right only up to a point, as the examples of Spinoza, Disraeli, and Sarkozy show. What is true is that large numbers of de facto immigrants have accumulated in many countries in such a haphazard way that makes it seem as though no government was ever in control.

Children of guest workers feel unwanted. Refugees languish helplessly in welfare nets, or are suspected of being cheats. And former colonial subjects still bear the scars of imperial histories.

Japan, and even the US, is not immune to these problems, either. The Japanese government simply got rid of its Iranian guest workers when jobs dried up. But it won’t be as easy to deal with the hundreds of thousands of Chinese who live in Japan without the rights of citizenship. The same is true of Mexicans working in the US, often illegally.

There is no quick or easy way out of this problem, especially in bad economic times. But Europe — and Japan, for that matter — should start by making economic migration legitimate. This means working out what jobs need to be filled, and welcoming those who will fill them, not as guests, but as equal citizens.

http://gulfnews.com/opinions/columnists/immigrants-are-equal-citizens-not-guests-1.735447

Concern over use of Japanese language in English conversation classes at high schools

Less than 20 percent of public high schools have been enforcing an English-only rule in their English conversation classes during the 2010 school year according to a survey, causing alarm at the Ministry of Education, Culture, Sports, Science and Technology (MEXT).

Oral communication (OC) classes were introduced for English studies at high schools in 1994 to help students improve their speaking and listening skills. Japanese students are often said to be poor at using English, even when they understand English grammar academically.

In revisions to MEXT’s national educational guidelines in 2009, it was clearly written that, “Beginning from the 2013 academic year, OC is to be a mandatory subject, and all OC classes are to be conducted entirely in English.”

The survey results, however, show that meeting that deadline might not be easy. MEXT surveyed around 3,600 public high schools on their use of English in OC classes, excluding Japanese-language lessons focusing on international study. Although still preliminary, the results suggest that in the 2010 academic year only 19.6 percent of high schools conducted their OC classes “mostly” in English, and only 32.8 percent conducted “more than half” of their OC study time in English. The values found by the previous MEXT survey — conducted for the 2007 academic year — were both higher, at 20.7 percent and 33.9 percent, respectively.

Furthermore, the number of OC teachers who meet MEXT’s stated guidelines for a teacher qualified to administer an OC class — pre-1 certification on the EIKEN English proficiency exam or a TOEIC proficiency exam score of 730 or higher — fell from 50.6 percent in the 2007 academic year to 48.9 percent in the 2010 academic year.

http://mdn.mainichi.jp/mdnnews/news/20101206p2a00m0na019000c.html

Japan modifies nursing licensure exam for foreigners

The nursing licensure exam in Japan for foreigners will be modified in February in the hope that more foreign nurses will be able to pass it and eventually work with Japanese patients, a Philippine official said Tuesday.

Philippine Overseas Employment Agency chief Jennifer Manalili said Japan has agreed to put English translations beside some Japanese technical or medical terms in its upcoming licensure exam following requests by the Philippine government.

“Japan has come up already with a commitment that for the next licensure exam, which is held every February, very difficult kanji words that are too technical for nurses will have English translations beside them, enclosed in parenthesis, so that they will be easier for our candidate nurses to understand,” Manalili said.

So far, only one Filipino and two Indonesian nurses have passed the Japanese nursing licensure exam — the one held in February this year — since foreigners were allowed to take it under free trade accords between Japan and other countries.

In February last year, none of the 82 foreigners who took the test passed. This year’s test was taken by 254 foreigners.

Since the implementation of the Japan-Philippines Economic Partnership Agreement in December 2008, more than 300 Filipino nurses have been deployed to Japan to undergo language training, fewer than the initial target of 1,000 for the first two years, Manalili said.

The language barrier has been regarded as the main stumbling block in the dispatch of Filipino nurses to Japan, and whether or not they could practice there.

“With this development wherein there will be translations in the exam, we hope that we can have more passers,” Manalili said.

http://mdn.mainichi.jp/mdnnews/news/20101214p2g00m0dm077000c.html

Abuse rife within trainee system, say NGOs

Foreigners report harsh job conditions, poverty-line pay, mistreatment under notorious program

Started in 1993, the aim of the Technical Intern Training Program is to “provide training in technical skills, technology (and) knowledge” to workers from developing countries, according to the Japan International Training Cooperation Organization (JITCO), which oversees the program. But in practice, say advocacy groups, the majority of both trainees and the companies who accept them think of the relationship primarily as regular employment. A convoluted placement system complicates the situation: Between the trainees — the majority of whom come from China — and the workplace where they end up, there are usually at least three intermediary organizations involved, in Japan and the participants’ native country.

Until 2009, the number of trainees in Japan had been rising steadily, with more than 100,000 participating in the program in 2008. The majority of trainees are brought in under the auspices of JITCO. After the global economic crisis, the number of JITCO-authorized trainees fell in 2009 to 50,064 (down from 68,150). According to the latest figures, the total for 2010 was 39,151 as of October.

The Tokyo-based Advocacy Network for Foreign Trainees has served as the national umbrella organization for trainee advocacy groups since 1999. The network’s members are 90 researchers, lawyers, journalists and other individuals, and 10 groups including labor unions and local trainee advocacy groups.

The network’s members exchange and compile information from cases they have dealt with locally every month, and meet once a year to draft recommendations to the government.

But information-sharing is often a one-way street, says [Zentoitsu Workers Union’s] Hiroshi Nakajima, one of the network’s organizers. When a company is turned in for abuses of the program, the Justice Ministry investigates and can punish the placement organization or company by putting a halt on new trainee visas. But Nakajima calls the process a “black box,”; questions go unanswered during investigations, he says, and the resulting punishments are not even made public.

The network is sometimes able to get information on banned companies from the ministry upon request, but not in every case. Often the group only knows that a placement organization or company has been punished when they find that a firm no longer has any trainees.

“Because the immigration authorities don’t publicize the names of the organizations that have been convicted of wrongdoing, we have no way of knowing which organizations should be banned from accepting trainees and until when,” says Nakajima.

Ichiro Takahara of the Fukui Advocacy Network for Foreign Trainees says the local labor bureau also fails to provide relevant public information. Takahara’s group has assisted around 250 interns and trainees since its formation in June 2000 following the Takefu incident.

“The fact that the Labor Standards Inspection Office doesn’t make public the names of the offending companies invites those companies to continue reaping the benefits of engaging in illegal activities,” says Takahara. This, he explains, accounts for the fact that 85 percent of the companies employing trainees that were investigated by the Fukui Labor Bureau in 2009 had committed labor or safety infractions. This was the lowest rate in five years.

“The sense of guilt over committing a labor violation is less than that over committing a traffic violation,” he says.

http://search.japantimes.co.jp/cgi-bin/fl20101207zg.html

Diplomatic issues close door on families seeking status

Around 300 Kurds live in and around Kawaguchi and neighboring Warabi. Most came to Japan in the 1990s, and many have applied for refugee status due to persecution by the Turkish government.

But support organizations say not a single one of them has been recognized.

According to the Justice Ministry’s Immigration Bureau, there were 1,599 applicants for refugee status in 2008, close to double the previous year’s figure. In 2009, there were 1,388. Only 57 were recognized in 2008, and 30 in 2009.

Japan’s refugee recognition rate remains in single figures and is low compared with other developed countries. That has given Japan a reputation for closing its door on refugees.

“Refugee recognition is closely connected to diplomatic relations,” said lawyer Sosuke Seki, a supporter of [a] Kurdish family [recently granted limited special permission for residence]. “Turkey and Japan enjoy a cordial relationship, so if Japan were to recognize these refugees, they would be acknowledging the fact that they have been persecuted by the Turkish government.”

The Japanese government’s unsympathetic treatment of refugees from nations it regards as allies has also generated feelings of disaffection among Tibetans and Uighurs living in Japan.

A member of nonprofit organization Japan Association for Refugees said, “Before accepting new refugees, we should be protecting the ones who have already sought refuge in Japan.”

The country’s poor record in accepting refugees and the opaqueness of its recognition criteria have given rise to suspicions that it will not grant refugee status to immigrants from countries it counts as allies.

http://www.asahi.com/english/TKY201012030367.html

Will there ever be a rainbow Japan?

Government statistics suggest multiculturalism is on the rise, but social organizations for mixed-race Japanese say ‘hafus’ still face challenges

Japan, which closed its borders from 1639 to 1854 and later colonized its neighbors, has an uneasy history with foreigners, national identity, and multiculturalism.

Yet government statistics and grassroots organizations say multiculturalism in the famously insular country is now on the rise.

Japan: The new melting pot?

Japan’s national government recently announced it is turning to travelers in a foreigner-friendly mission to boost diversity — at least in tourist spots — by paying them to provide feedback on how to increase accessibility for non-Japanese speakers.

David Askew, associate professor of law at Kyoto’s Ritsumeikan University, identifies more profound changes.

In 1965, a mere 1 in 250 of all marriages in Japan were international, he notes. By 2004, the number had climbed to 1 in 15 across the nation and 1 in 10 in Tokyo.

According to Tokyo’s Metropolitan Government, by 2005, foreign residents in the city numbered 248,363, up from 159,073 in 1990.

According to Askew, the upswing in diverse residents and mixed marriages has led to another phenomenon: between 1987 and 2004, more than 500,000 children were born in Japan with at least one foreign parent.

Celebrating diversity

A handful of new organizations are tied, at least in part, to the increase in multicultural marriages.

Groups such as Mixed Roots Japan and Hapa Japan, founded by children of mixed-Japanese couples, aim to celebrate the broadening scope of Japanese identity, both nationally and globally.

“There is a real need now to recognize that Japan is getting more multiracial,” says Mixed Roots founder Edward Sumoto, a self-described “hafu” of Japanese/Venezuelan ethnicity. “The Japanese citizen is not simply a traditional Japanese person with Japanese nationality anymore.”

The issue of the identity of hafu is also being explored in a new film titled “Hafu,” currently under production by the Hafu Project.

In support of multiracial families, Mixed Roots holds Halloween and Christmas parties, picnics and beach days.

The organization also sponsors a monthly radio show on station FMYY, and “Shakeforward” concerts in Tokyo and Kansai, accompanied by youth workshops and symposia.

“These events feature mixed-roots artists who promote social dialogue with their songs,” says Sumoto.

The next “Shakeforward” concert will be held on November 27 in Kobe.

One of Sumoto’s primary goals is to “enable mixed-race kids to meet and talk, so they know there are other people like them.”

Despite the statistics, achieving widespread recognition for Japanese diversity has been a struggle for Sumoto and other grassroots organizers.

“Mentally, do the Japanese think the country is becoming more multicultural?” asks Sumoto. “Possibly more than 20 years ago, because you see more foreigners, but people are still not sure what to do with it.”

Multiculturalism on the margins

Like Sumoto, Erin Aeran Chung, assistant professor of East Asian politics at Johns Hopkins University in Maryland, sees the issue of Japanese multiculturalism as multifaceted.

Chung has written extensively on Japan, ethnicity and citizenship, especially as relates to Zainichi Koreans, descendents of pre-war immigrants, many of whom were brought to Japan as slave labor.

Zainichi literally means “staying in Japan temporarily.”

“The concepts of ‘multicultural coexistence’ (tabunka kyōsei) and ‘living in harmony with foreigners’ (gaikokujin to no kyōsei)” — catchwords for multiculturalism used by local government officials and NGOs — “are based on the idea that Japanese nationals, assumed to be culturally homogenous, can live together peacefully with foreign nationals, assumed to be culturally different from the Japanese,” Chung said in a series of interviews.

“Rather than expand the definition of Japanese national identity to include those who are not Japanese by blood or nationality,” Chung argues, “the concept of kyōsei suggests that Japanese nationals must rise to the challenge of living with diversity,” instead of as part of a group of diverse citizens belonging to a truly multicultural nation.

A recent move by the Japan Sumo Association (JSA) suggests not even citizenship guarantees acceptance as “truly” Japanese.

At a meeting last February, the JSA administrative board mandated limiting foreign-born wrestlers to one per stable. The upshot: even if a competitor born abroad becomes a Japanese citizen, he’s still considered the stable’s token foreigner.

The myth of mono-ethnicity

Underneath the debate over Japan’s willingness to embrace multiculturalism lies the question of how mono-ethnic the nation ever really was.

According to Ritsumeikan’s David Askew, “The idea of Japan as mono-ethnic is actually a postwar belief.”

The Ainu and Ryukyuan ethnic groups, engulfed by Japan during its prewar colonial movement, are examples.

As for Taiwan and Korea, they “were part of Japan until 1945, so you could hardly talk about a homogeneous population before then.”

“The conversation about multiculturalism today is one that focuses on accepting ‘foreign’ cultures, ignoring the broad range of cultural practices within Japan itself,” says Askew.

“Unless the Okinawas and Osakas of Japan are accepted as different cultures, the discourse will continue to promote the idea of a homogeneous Japan,” says Askew.

http://www.cnngo.com/tokyo/life/will-there-ever-be-rainbow-japan-341969#ixzz176ov3ZDy

Nova chief’s sentence shortened

The Osaka High Court on Thursday shaved 18 months off the 3 1/2-year prison term of the founder and former president of Nova Corp., who was convicted of embezzling ¥320 million from the defunct English school chain’s employee benefit fund.

The counsel for Nozomu Sahashi, 59, plans to appeal.

Sahashi pleaded not guilty at his Osaka District Court trial and claimed the funds were diverted in an attempt to help the company, not for his personal benefit as charged.

Presiding Judge Sumio Matoba, however, upheld the verdict because the entity in charge of the funds was set up for the welfare of the employees and was thus separate from Nova by nature, ruling Sahashi inflicted damage on that entity.

Sahashi transferred all the funds in the entity to the bank account of a Nova subsidiary in July 2007 to reimburse a flood of students who had decided to cancel their lesson contracts over an advertising dispute.

But the judge shortened Sahashi’s sentence in recognition that his embezzlement was aimed at keeping the company afloat during the management crisis, and that his crime could be construed as containing a beneficial aspect for the employees.

Sahashi launched English conversation classes in Osaka in 1981 and set up Nova in 1990. His venture grew into Japan’s largest English school chain, boasting an enrollment of some 480,000 at its peak.

http://search.japantimes.co.jp/cgi-bin/nn20101203a4.html

High Court Gives Ex-Nova President 2-Yr Jail Term For Embezzlement

The Osaka High Court on Thursday sentenced the founder and former president of English conversation school operator Nova Corp. to two years in prison for embezzling 320 million yen of employees’ benefit funds, reducing a lower court sentence of three years and six months.

The defense counsel for Nozomu Sahashi, 59, plans to appeal the ruling as he has pled not guilty to the charge since his first trial at the Osaka District Court, saying he used the funds for the company and not personal benefit.

Presiding Judge Sumio Matoba determined that the accusation was upheld, however, saying the entity in charge of the funds was aimed at the welfare of employees and was separate from Nova by nature, and that Sahashi had inflicted damage to the entity.

According to the ruling, Sahashi transferred the sum accumulated at the entity to a bank account of a Nova subsidiary in July 2007 to reimburse fees students had paid on contracts that they subsequently cancelled.

But the judge recognized in handing down the shorter sentence that the embezzlement was aimed at continuing operating the company amid its management crisis and had an aspect of benefiting employees.

Sahashi launched English conversation classes in Osaka in 1981 and set up Nova in 1990. His venture once grew into Japan’s largest chain of English schools, with some 480,000 people taking language lessons at its peak.

A month after Nova went bust in October 2007, some of its business operation were taken over by Nagoya-based G.communication Co.

In August last year, Nova’s bankruptcy administrator filed a damages suit against Sahashi at the Osaka District Court, seeking about 2.1 billion yen in compensation for breach of trust.

http://e.nikkei.com/e/fr/tnks/Nni20101202D02JF485.htm

Ex-Nova president sentenced to 2-year prison term for embezzlement

The former president of English conversation school Nova was handed a two-year prison sentence for corporate embezzlement by the Osaka High Court on Dec. 2.

Nozomu Sahashi, 59, had been convicted of the offence by a lower court and sentenced to a three-year, six-month prison term in August last year. The high court decision on Sahashi’s appeal confirmed his conviction for embezzling money from employees, but reduced the sentence as the funds were used to pay back customer deposits and Sahashi did not himself profit from taking the money. Sahashi intends to appeal.

According to the lower court ruling, Sahashi wrote a check for the entire amount in the Nova employees’ Shayu-kai mutual aid fund account — some 320 million yen — and deposited it in an account held by a Nova-associated company.

“The entire purpose of the Shayu-kai was employee welfare, and you used it for an entirely different purpose,” said Presiding Judge Sumio Matoba in the high court ruling. “You were Nova’s primary shareholder, and there is no trace you ever committed to returning the money you took. Thus, this court can conclude that you had criminal intent when you embezzled the funds.”

Sahashi’s defense counsel argued that “The Shayu-kai did not exist as an independent entity, but was just one part of the company. The entire sum withdrawn was set aside for refunding customers, and thus was not embezzled.” Furthermore, “If Nova had not been able to refund its customers, it would have gone bankrupt, and Mr. Sahashi fully intended to return the funds once the company attracted new investment.”

Nova was founded by Sahashi, and at its peak had some 1,000 schools nationwide. However, it was ordered to suspend part of its operations by the Ministry of Economy, Trade and Industry in June 2007. Nova declared bankruptcy in October that year. A suit the company’s bankruptcy administrator filed against Sahashi for the recovery of over 2.1 billion yen is currently being heard at the Osaka District Court.

http://mdn.mainichi.jp/mdnnews/news/20101202p2a00m0na009000c.html

Japan lifts visa restrictions for foreign dentists, nurses

The Justice Ministry on Tuesday revised an ordinance concerning residence visas, lifting a set of restrictions for foreign dentists, nurses, maternity nurses and health workers who have Japanese state qualifications.

The step, which abolished limits on the number of years and the extent of areas in which they can work in the country, was taken on the grounds that Japan needs to accept a broad range of foreigners with specialized skills as it copes with a declining birthrate and rapidly aging population.

The revision allows foreign nurses and health workers without permanent resident status to continue working in Japanese medical institutions beyond the designated number of years. It also paves the way for foreign dentists to open their own clinics in urban areas and work at private clinics.

Until now, the ordinance limited the number of years foreigners could work under medical practitioner visas after obtaining Japanese state qualifications to six years for dentists, seven years for nurses, and four years for maternity nurses and health workers.

It also only allowed foreign dentists to work as long as they were doing clinical studies at university hospitals and to work beyond the designated number of years only while practicing in remote areas designated by the justice minister.

Abolishing the work visa restrictions was one of the agenda items cited in the government’s fourth basic plan on immigration set in March. Japan already lifted six-year working limits for foreign doctors in June 2006.

Foreigners registered under medical practitioner visas including doctors are gradually increasing, totaling 95 in 2000, 114 in 2002 and 220 in 2009.

http://mdn.mainichi.jp/mdnnews/news/20101130p2g00m0dm059000c.html