1 Download this powerpoint presentation at: fortakaandmana ppt

2 “FOR TAKA AND MANA” Race and Japan’s Judiciary A primer by ARUDOU Debito Associate Professor, Hokkaido Information University

3 (Amy (left) and Anna Sugawara Aldwinckle 1996) FOR AMY AND ANNA

4 DISCLAIMER I am not a qualified legal scholar. I am an activist. And my research and conclusions in this field are purposefully colored by my activism. That acknowledged, let’s continue:

5 Trends I am seeing in the J judiciary  Criminal Court cases where if it is NJ crime committed against Japanese, heavy punishment. But if it is Japanese on NJ crime, or NJ-NJ crime, lax judicial standards.  Civil Court cases where NJ winning is a crapshoot. Not a precedent based system.  Family Court cases where NJ winning is practically nonexistent, and NJ plaintiffs are at a severe disadvantage.

6 Criminal Court Cases  Idubor Case (2006-7): Nigerian yesterday sentenced to 3 years for alleged J rape despite no material evidence.  Lucie Blackman Case (2006): J defendant acquitted of her rape, murder (life conviction on other rapes, murder).

7 Criminal Court Cases  Valentine Case (2003-7): Police exonerated of responsibility despite denying medical care to injured Nigerian prisoner in their custody, who wound up crippled.  Jane Doe Case (2002-7): Police refuse to charge anyone in alleged NJ rape of Australian woman, exonerated of police harassment of woman claimant.

8 NJ disadvantages in Criminal Court Cases  Uncertified standards for courtroom/police translations.  Confessions extracted through unrecorded, torturous procedures, including language barrier.  “NJ shouldn’t be here anyway if they’re going to cause trouble” factor.  Convictions at 99% for everyone, but no chance of bail for NJ (seen as flight risk). Meaning freer hand for police interrogations.  NJ being singled out for racial profiling by police  NJ can commit more crimes than J (ex: J cannot commit visa violations, and NJ can be jailed long enough to run out visa, or have it cancelled)

9 Civil Court Cases  Ana Bortz Case (1998-9): Brazilian refused entry to “Japanese Only” jewelry store wins under UN treaty. workingpapers/wp88.html  Otaru Onsens Case ( ): American, German, and naturalized J (guess who) win against “Japanese Only” bathhouse, lose against do-nothing Otaru City govt.

10 Civil Court Cases  McGowan Case (2004-6): African-American refused entry into eyeglass store, loses on technicality in lower court, wins on appeal.  Kim Doe Case (2003-7): Zainichi Korean wins against exclusionary landlord after rental contract signed.

11 Civil Court Cases  U Hoden Case ( ): Daughter of naturalized Chinese and J bullied to the point of medically-certified PTSD, civil suit against parents of bullies. Decision due Dec 22,

12 NJ disadvantages in Civil Court Cases  Not Japanese citizens, so kokumin grey protections of laws and Constitution can be exploited by defense/judges.  Problems put down to cultural issues, misunderstandings.  “Rational Discrimi- nation” holds water as legal argument.  Dearth of multilingual legal counsel.  Pressure to settle (wakai), avoid legal precedent or judgments.  Intense mediations not always explained.

13 Family Court Cases  Murray Wood Case: Plaintiff wins in Canadian courts, loses in J courts.  Not a single precedent of NJ being awarded custody.  More cases at  Lawyer friend’s opinion: judiciary wants to keep J kids here due to low birth rate.

14 Disadvantages for NJ in Family Court Cases  NJ have no koseki (Family Registry), so not recognized as family unit to award children to.  NJ visas often dependent on marital status; can’t stay after divorce.  No real punishment for perjury--lies rampant, and native speakers are better liars.  Mediation process (choutei) long, arduous, no legal force, and must damn partner thedivorce.html  No joint custody, visitation rights & child support unenforced.

15 CONCLUSIONS  Japan’s divorce rate (95% of seekers are women) is now skyrocketing--rose 6.1% in April 2007 alone.  Post-divorce Japan is a land of Deadbeat Dads and Fortress Moms.  Seeking protection through the Japanese judiciary will probably not work for NJ, so consider alternative methods.

16 CONCLUSIONS  Hague Convention on the Rights of the Child--not signed by Japan. But doesn’t matter. Is administrative thing, obfuscates--signing is merely housekeeping.  UN Convention on the Rights of the Child--Sec 9-- Japan has already signed. Guarantees visitation to both parents.  Japan’s judiciary is not independent. You can’t enforce laws properly and impartially when judges are employees of the State.  Not so much a matter of the parents’ rights--the child’s rights are being violated. Too often overlooked

17 More on this and other issues: ISBN English version, Japanese version ISBN THANK YOU VERY MUCH FOR ATTENDING THIS PRESENTATION!

18 Download this powerpoint presentation at: fortakaandmana ppt