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© Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Japan deports dolphin activist Ric O'Barry
By YURI KAGEYAMA TOKYO©2024 GPlusMedia Inc.
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smithinjapan
Ah, the new China!
clueless
Regardless of anyones view of this guy or his movie, we should all be very concerned at how easy it is for police and immigration in Japan to detain people for long periods of time without proper cause or due process. Shocking behavior that is rarely seen outside more questionable countries.
Goodlucktoyou
I love democracy
clamenza
Shades of North Korea and other uncivilized countries
HM7769
The Japanese authorities are fools.
This whole debacle only brings more attention to the issue revealing just how undemocratic Japan really is.
Dolphins:1 Japan: 0
Christopher Glen
Japan deports dolphin activist Ric O'Barry
Stupid, stupid move. I hope he returns again, and again, until they relent
Disillusioned
What a farce!
sf2k
What law was broken? Japan becoming the new China.
cevin7
What were the staff members at the airport thinking? It's not like he's a terrorist or something.
Black Sabbath
Deporting someone because you don't like what they say is not cool. Its also in violation of Japan's treaties, which is why they trumped up those stupid charges.
This is shameful,
Danny Bloom
what's the porpoise of life if freedom of speech is gagged by so many nations these days? sayonara mr ric. you did yr best. rest now.
Black Sabbath
No they don't. First, they are obligated to uphold the bilateral and international treaties regarding granting of Visas to foreign travellers.
Further, if granted a visa, Japan must follow its own laws. If you have a valid Visa, Japan cannot simply revoke it.
Christopher Glen
I hope Rick sues the Japanese government
goldorak
Very much sitting on the fence on this one. Most nations do things that other nations don't agree with or comprehend. The french force feed geese and ducks, spaniards have bullfights and pretty much all nations have intensive animal farming which is, to put it midlly, unfriendly to animals. Are dolphins above all other animals?
clueless
Dadude
I couldn't give a hoot about the Dolphins. (sorry) I have my own issues to deal with. But what happened to this guy was wrong on many levels and could happen to anyone here. that is something to worry about.
Christopher Glen
Get on a plane, and keep "knocking at the door" Rick
Hiragi
He and Dolphin liberationist disturbed the public peace of Taiji town. Their act meets requirements, the Article 5 of Immigration Control and Refugee Recognition Act.
The text of the law is as follows.
Immigration Control and Refugee Recognition Act 【Japanese Law/Cabinet Order No. 319 of October 4, 1951】 Section 2 Landing of a Foreign National (Denial of Landing) Article 5 (1) Any foreign national who falls under any of the following items shall be denied permission to land in Japan.
(xi) A person who attempts or advocates the overthrow of the Constitution of Japan or the Government formed thereunder by means of force or violence, or who organizes or is a member of a political party or any organization which attempts or advocates the same.
(xii) A person who organizes, or is a member of, or is closely affiliated with any of the following political parties or organizations: (a) A political party or organization which encourages acts of violence or the assault, killing, or injury of officials of the Government or of local
public entities for the reason that they are such officials; (b) A political party or organization which encourages illegal damage to or destruction of public facilities; (c) A political party or organization which encourages acts of dispute such as stopping or preventing the normal maintenance or operation of the
security facilities of a factory or other workplace; (xiii) A person who attempts to prepare, distribute, or exhibit printed matters, motion pictures, or any other documents or drawings to attain the objectives of any political party :political party or organization prescribed in item (xi) or the preceding item.
(xiv) In addition to those persons listed in items (i) to (xiii), a person whom the Minister of Justice has reasonable grounds to believe is likely to commit an act which could be detrimental to the interests or public security of Japan.
http://www.japaneselawtranslation.go.jp/law/detail/?id=1934&vm=04&re=01
Japanese government have a right to deny somebody entry into the country, becacause of above reasons. So I think japanese government should continue to refuse him entry into my country regardless of visa type . Japanese people know that they disturbed the public peace of Japan. Most of japanese people deny a person who does harm to others like him.
Aly Rustom
One things for sure. After this debacle, Japan will never again be able to masquerade as a country with any inkling of human rights.
This guy has already been in the news a lot. People know he is. If he decides to draw attention to the human rights abuses in Japan's detention centers, people will listen. All he has to do is relay his experiences at detention and Japan will get even more unwanted bad press.
For a country that's always been very careful to hide it's human rights abuses, Japan has fumbled big time this time.
wtfjapan
this publicity is priceless, as O'Barry said the attention will just bring more protestors "on tourist visas" cant stop them all. more protestors = more documentaries more youtube videos showing Japan in a bad light. The J gov would have been better to just have let him in, now theyve got many major foreign TV/newspaper networks taking up the story. Similar publicity would cost you $millions in advertisements, and the activist have got it for a cheap plane ride over!, thanks Japan LOL
Moonraker
I guess the message is that a tourist must only see and do the things in Japan that the authorities prescribe, be satisfied with that and then work on behalf of the country as a PR conduit. Anything else will be grounds for ejection. Reminds me of the old Intourist tourist agency in the USSR.
Yoshitsune
O'Barry clearly does have concern for the locals, and wants to help them find alternatives. This is what has happened in Futo, a former dolphin hunting town (stopped in 2005) which is now a scuba diving and dolphin watching destination popular with Japanese tourists:
http://brightsea.jimdo.com
The government have deported O'Barry perhaps as they see him as a figurehead of an entire movement which includes the much more combative Sea Shepherd. But he isn't part of SS and his methods are different, and the government has only drawn yet more attention to Taiji by deporting O'Barry. Sure they were in their rights to do so, but that doesn't make it a smart move
Peter Mantello
I guess this would be deemed by the government as a national security risk. I am surprised they did not water board him.
Nessie
Thank you for your post, Sabbath. I'd say that the question isn't settled. You haven't shown that he didn't receive compensation and you haven't shown what your cited period of stay is. He is credited with 14 film roles on IMDb and he's billed as the star of The Cove by the movie's producers. I don't think it's a stretch to think he was compensated for making the Cove, even if just for travel costs. I also wonder whether he informed Japan immigration of his previous arrest and his unlawful activities, for which he had been fined.
Nessie
Then he's a better actor than I gave him credit for.
M3M3M3
@Peeping_Tom
But Tom, unlike the situation in the UK (where I think you are), there is no prerogative power to exclude foreigners in Japan. The Immigration Act sets out every situation where the Minister can exclude a foreigner and the list is exhaustive. If a foreigner doesn't fall within any of those specific categories, there is no residual power the Minister can use to refuse someone entry just because Japanese people find them annoying or embarrassing.
(Of course Japanese people could change the law at any time, but this is the current situation).
Yoshitsune
The right wingers don't want the locals to switch, but you don't know that none of the locals want to switch. For those (i.e. most) of them not directly profiting from the dolphin trade a switch would be of great benefit.
As O'Barry has the same message for western dolphin hunters that is clearly false. This has nothing to do with "west"
Fair enough. So, if Taiji chose to stop dolphin hunting, would you support their choice?
I base it on the evidence of other towns, in Japan and elsewhere in the world, which have switched to eco-tourism and been better off as a result.
Whataboutery. I don't think we've ever discussed dog meat in Korea (or China) so you have no idea what I think about that (which is irrelevant in any case)
Nessie
I applaud his efforts to encourage Japanese to make this shift, but as long as those efforts involve interference in business activities within Japan, such as during the filming of The Cove, he shouldn't be surprised about being deported.
Yoshitsune
While he's probably not too happy, I doubt that he's surprised about it!
ghoneim mohamed
In every single embassy all over the world,there is a logo say,granting a visa,doesnt mean you right to enter the country.Immigration have the full right to deny or allow entry.Any one argue about it, can call any embassy to make sure.Japan is not an exception,they practiced their full right.It is their land and their laws,no matter who doesnt like,doesnt agree,or object.
Yoshitsune
No, he stayed in order to appeal. I was also wondering why it was taking so long for him to deported, but it was apparently due to the appeal process.
M3M3M3
@ghoneim mohamed
Of course Japan can deny entry to someone who no longer meets the visa conditions when they arrive. I don't think that's in dispute.
The question here is whether there was a legitimate reason to cancel his visa. Contrary to what you might believe, the Minister of Justice can't deny entry to someone for any reason whatsoever (ie. Because he doesn't like Arabs). There are laws and principles that govern the use of discretion.
Sounds nice but it's not really true in countries that governed by law. If O'Barry sues and the courts decide that the Minister excercised his discretion illegally because he had no grounds to cancel his visa and that O'Barry should have been allowed in, doesn't that sound more like a right than a privilege to you?
Black Sabbath
Nessie
Actually, its the opposite:
"Citizens of certain countries are not required to obtain a visa, depending on the length of stay and whether they receive compensation while in Japan, when entering Japan for the purpose of producing a film. In all other cases a visa is required."
-- http://www.japanfc.org/en/pdf/filming_in_Japan_e.pdf
The US is one of those certain countries. Rick O'Barry is an American citizen. That is why the Japanese officials trumped up the stupid charges.
Too many here just write what they wish to be true, rather then what they know to be true. I must admit I am a more than a little saddened that you would be so wrong about this. I appreciate your posts, and, indeed, come to trust you as a source. That trust has been shackened.
arrestpaul
If it's really true? If O'Barry sues? If the courts decide that the minister exercised his discretion illegally? If he had no grounds to cancel the visa? If O'Barry should have been allowed in? Doesn't that sound like a lot of "ifs"?
Citizen2012
We all agree he is seen as a "nuisance" for Japan. In fact it is exactly how countries deal with their "nuisance" that make a difference between a democracy and dictatorship. The reason invoked to boot him and that famous "lie" is that he went to "an event" in central Tokyo during his last visit while he was asked "not to go", well, If you do not feel this reason abusive then you must be ready for relocating to NK you'll enjoy the place. Japan signed the civil and political rights covenant and I believe this is a precedent in Japan, somebody barred to move freely and arrested because of his thought.
Peeping_Tom
And exactly what are these "civil and political covenants"???
Ric is a foreigner.
Contrary to what you may believe, there's a difference between you and a Japainese, inside Japain.
You can be deported; Joe Takaka can't!
The Japainese Gov MAY TOLERATE your little "protests" until they decide enough is enough; they CAN kick you out!
Joe Tanaka on the other hand, he has a RIGHT to protest if we wants to!
He CAN'T be ordered out of Japain.
This is a State's prerogative EVERYWHERE"!
Do not let misguided political concepts cloud yer mind to the reality of things!
rohpuk
Japan demands cultural conformity but resists other cultures. It demamds a place in the international community but can't understand what it is to be a trully liberated country that allows freedom or expression. Japan is a confused country.
Yoshitsune
Interesting. You say O'Barry doesn't care about the locals, only his agenda. Yet O'Barry wants to help the locals switch to an alternative that would make their town more prosperous, while you say they shouldn't switch because tradition; so it looks to me like you don't care about the locals, only your agenda of 'tradition'. Why should they have to continue a tradition when they would be better off switching to eco-tourism?
True, they don't have to. But Futo shows that they could switch, and that doing so would bring in tourists and prosperity. O'Barry and his organisation aren't saying Taiji has to; they are trying to persuade Taiji it's a good idea and offering to help them.
Whatsnext
Apparently the Japanese government has now gone to the UN to show their research that dolphins willingly dumped their bodies in taijima and/or never happened. Here's 300 million yen, can we now be part of the UN vetoing power?
Yoshitsune
Strangerland,
Good article, thanks for sharing. I have often debated with Chinese and Korean nationalists on other news sites and in person, and I find that debating with nationalists follows a very familiar pattern regardless of whether they are Japanese, Chinese, or anything else, and regardless of the topic at hand. I would say that nationalists the world over are most similar to the people they profess to hate the most - each other.
Keith Owen
Like the situation of alligator meat in US, vast majority of Japanese people have never eaten dolphin meat. The only place that the organized dolphin hunting is still happened is a tiny costal town, Taiji with only 3,000 residents out of 130 million (only 0.023% of the whole Japanese population) Dolphin hunting in Japan is just a local aboriginal culture. ↓ https://youtu.be/voDLJB9Iwuo?t=4m49s
Those dolphin activists always look down on the culture, make an insulting remark to the local residents, take a provocative attitude to the local police, behave outrageously and make lot of troubles for money (the rating of Animal Planet). This guy was refused entry because he has been recorded for a passport violation and reckless driving (without driver's license) in the past.
Black Sabbath
Peeping Tom
Thanks for your reply.
Rgarding the bad link. Sorry about that. Here is the right link:
http://www.japanfc.org/en/pdf/filming_in_Japan_e.pdf
Here is another link you may find useful, starting pg. 16
http://www.japanfc.org/en/pdf/jfc_handbook_e.pdf
And this link shows the US is one of those countries not requiring a visa:
http://www.mofa.go.jp/j_info/visit/visa/short/novisa.html
Are you asking me to prove the negative? That is a fallacy.
Anyways, if he had received compensation, then why did the officials not mention it? "The lies he is alleged to have told immigration officials were technical, he said, such as initially saying he wouldn’t go to a demonstration when he later went, but that was because at that time he had not yet been invited."
"..and you haven't shown what your cited period of stay is."
I don't undersand. Visa's granted at port of entry are 90 days.
Conclusion:
Making a film is part of the freedom of expression. Not letting people into your country because you do not like what they are going to say is not a good reason. Japan denied O'Barry entry into Japan because they do not like what he said, and was going to say. O'Barry was denied entry to Japan for no good reason. His appeal was shot down for no good reason.
Corollary: Japan wants to participate in global trade and the free transfer of ideas and technology on its primarily its terms and for its benefit. :
Some may say, hey, that's the way it goes. Its a dog-eat-dog world. Nations are selfish. Big deal. A quick read of the 19th and 20th century shows that the alternative international liberal system works better. And that free riders on the liberal international order threaten to destroy the system from the inside out. And that, ultimately means it is in everyone's self interest to keep its free riding down to a minimum.
While we can argue the merits of the realpolitik v liberal international order, one thing is clear:
Japan's inability to adapt its internal domestic order to better mesh with the international order upheld by US power and ideas has detrimentally affected its economic prosperity. In short, Japan needs less nationalism and more internationalism.
arrestpaul
Stay out of Japan, Ric. Stay home where there are people who might remember who Flipper was.
Nessie
One of these situations is a foreign visitor engaging in political activities.
Peeping_Tom
Black Sabbath
I must admit that I know a bit more about England and Wales’ Law (this is what I do for a living).
However, an extremely quick search of the Net regarding Japain’s Visa Rules system yielded the following:
“Tourists and Business Travelers If you are a citizen of one of the over 50 countries, with which Japan has a "general visa exemption arrangement", you need only a valid passport to enter Japan as a "temporary visitor". Otherwise, you need to obtain a visa before entering the country. Temporary visitors from most countries are allowed to stay for up to 90 days. If you are a citizen of Austria, Germany, Ireland, Liechtenstein, Mexico, Switzerland or the United Kingdom, you have the possibility to extend your stay to a total of up to six months. You still initially enter Japan on a 90 day permit, but can then apply for an extension at an immigration bureau in Japan.
Temporary visitors are not allowed to engage in any paid activities. (Emphasis is mine).
However, short term studies at Japanese language schools are permitted. All foreign tourists in Japan are required to carry their passports with them at all times.”
http://www.japan-guide.com/e/e2221.html
And countless more sources come up with invariably the same, all of which appear to contradict the link you’ve posted; your link is not working, therefore I cannot verify it.
The underlining message is as follows: Foreigners, even US citizens ARE NOT ALLOWED to work in Japain IF they get there as visitors.
From what I know (and I know a bit about this) is within the realm of any legitimate State to get rid of foreign citizens, if the deemed to be unwelcome; no International Treaty says otherwise.
O’Barry was/is a nuisance for Japain, so they booted him out.
As simple as that!
Yoshitsune
Not sure why you say that; it's been reported by all the major media outlets in "the West", as well as in the "not West" e.g. Russia Today and Al Jazeera
Christopher Glen
Don't give up Rick
SHIRAISHI-Kazuko
Enough is enough. Japan has the right to decide who can enter and who cannot. Given the history, It is doubtful that he was not here to go sightseeing. That may have worked the first time.
Almost anyone who saw the footage of the dolphin hunt was disturbed by what they saw. Such is the nature of slaughtering of animals, just ask those who have come from hunting communities across North America. Hence the walls on slaughterhouses throughout the modern world. The Japanese community of Taiji made many efforts to keep the site from outside eyes.
In North America Indigenous peoples are exempt from hunting and fishing laws that apply to others. There is evidence of hunting in Japan dating between 35000 and 40000 years ago. It is interesting that there is so little tolerance for Japan's cultural practices within it's own borders.
Few animals have been actively fought for in the way that these dolphins and whales have been by the activists and the movie makers. The closest that I can think of maybe be the Canadian seal hunt. Of course vegans worldwide are effectively decreasing demand for meat in turn decreasing the number of animals that live in terrible conditions.
How tolerant would western countries be if foreigners who had a greater fondness for fish aggressively protested their livelihood in the practice of fishing of cod(if there were any left) or flounder. Or Hindu activists broke into beef slaughterhouses in the U.S. ? They would likely be arrested or even killed, should they trespass on the wrong rancher/farmers land.
I agree with the peaceful protest of inhumane treatment of animals but the irrational comments against immigration for deporting someone who obviously shouldn't have expected to be allowed in on a tourist visa, is non constructive.
Furthermore the constant attack on Japanese as a country and a culture by people who probably have little experience of either on issues like events which took place during the war, among other issues is tiresome.
Japanese public opinion and official political positions are very different. The culture is such that it seems that Japan is being taken advantage of. The current generation of government officials cannot behave in the way that is being asked of them by other countries. This was culturally ingrained in them from an early age. Is it more important that the people are sorry or that the government offers a public apology?
I am in no way trying to deny the existence of problems and shortcoming that Japan as well as many countries need to overcome, I am just tired of the Japan bashing all over the internet. Many countries have been guilty of terrible acts over the course of history. Slavery, the holocaust, the genocide of indigenous peoples, the list goes on.
Japan opened its borders much later than western countries and still has a very small percentage of foreign residents. Patience and tolerance along with constructive criticism from Japanese and other countries would be a much better approach to bettering the situation.
P.S. Love Flipper and Rick along with Lassie, Benji and Old Yeller.
The treatment of animals used for food across the globe is the bigger problem.
nath
"O’Barry said he was determined to come back to Japan and keep fighting to save the dolphins". Guess that basically puts the lie to his statement that he never intended to engage in activity other than tourism.
M3M3M3
@Peeping_Tom
Are you suggesting the Parliament cannot pass a law (such as the Immigration Act) that circumscribes the state's power to expel foreigners? If not, where does that leave parliamentary supremacy in the UK? Is it a myth?
Peter Mantello
HiragiFEB. 07, 2016 - 09:47AM JST What is the difference between Japan and a totalitarian dictatorship such as North Korea. The vague interpretation of the law can easily defer to peaceful protest. In a real democracy this would be allowed. However, Japan is not a true democracy but an oligarchy run by corporate elites.
Peeping_Tom
Parliamentary Supremacy "only" refers to the fact Parliaments can enact any Law, baring any limitations on it's successors..
Saying that, it's extremely unlikely that Parliament would try to undermine the State (of which Parliament is the ultimate guardian), by enacting a bill to that same effect.
In the unlikely event they did, Supremacy itself would not prevent a subsequent Parliament from overruling it's predecessor, and restore State power once again.
In short, if the State deems something/someone a "national risk or threat", you'd have a very hard time in getting Parliament to legislate stating the opposite.
O'Barry is a goner, there's nothing he can do challenge it successfully.
Only nationals of a country have unrestricted access to that same country, whatever the weather.
Moonraker
Ha ha, nice to see how a question of why gets turned into one of how. Peeping Tom, Japan is for you. You should make your life here, unconcerned with right or wrong, just focused on how to get it done, with nation and nationality as the only definition of worth.
dcog9065
Something like this should be creating huge news in the West, however it isn't really creating any news at all.. Do Westerners even care about dolphins?
arrestpaul
Apparently they can. If a country can issue a visa, they can also revoke the same visa. O'Barry has no inalienable right to enter any country other than his own. No bilateral or international treaty requires any country to accept liars. (Unless the liars have diplomatic status, of course. hehehe)
Peeping_Tom
"If O'Barry sues and the courts decide that the Minister excercised his discretion illegally because he had no grounds to cancel his visa and that O'Barry should have been allowed in, doesn't that sound more like a right than a privilege to you?
Libertariam view.
Attractive visions may appeal to dreamers, but pragmatic citizens want results. As long as the nation state exists, the borders of its boundary are legitimate barriers to keep out undesirables.
O'Barry is a foreigner and has no inherent rights in Japain; this is not his country.
Any country CAN deport a foreigner, including legal residents!
that'a fact and the Law!
Peeping_Tom
If you "dig" just a bit, you'll find out that States have the power to declare someone a" persona non grata".
Foreigners CAN BE EXPELLED!
Anywhere.
tinawatanabe
That is the all more reason that Taiji maintains the tradition as the only place in Japan. There is no reason that Taiji has to behave like Futo.
Nessie
If you come on a tourist visa and engage in non-tourism activities (he did: making a film), you've violated your visa. Treaty upheld; enjoy your flight home, Ric.
erlols
Deporting someone for something like this is stupid. It is also undemocratic in relation to free speech.
That said, J.police is regarded as one of the most efficient and effective in the world. One of the reasons being the simplified legal framework and procedures to take suspects into custody. Over-bureaucratized procedures do not help police – see the story of the ISIS guys hiding in the house in Belgium.
I also believe that all this criticism on whale/dolphin hunting in Japan is extremely hypocritical. Don't get me wrong, I am for animal rights, but a hundreds of whales do not compare with billions of chickens, pigs, cows, lambs, etc. slaughtered daily in every country. In addition, animal livestock is waaaaay, waaaaay more cruel than hunting.
The only argument that holds here is the one about the extinction of certain species. However, I believe to avoid animal suffering is more important that to prevent species extinction (see chicken factories vs whale hunting). The whole 'species extinction thing' always sounds to me like a pretentious talk of a collector that wants its beautiful collection to stay intact (for his own pleasure).
tinawatanabe
The locals don't want O'Barry to help switch to an alternatives. So what he is doing is the west imperialism.
I never said they should or shouldn't do anything.
Why do you assume you know better than them as to what they would be better off with? You seem to think Koreans eating dogs is fine.
ghoneim mohamed
He has the right to say or reveal whatever he wishes,people have the right to defend or attack as they wish,and Japan has the Full right to deny entry or deport whoever they dont want.To allow anyone to enter a country-any country-is a privilege not a right.
fds
was he "detained" or did he choose to stay cause he wanted the publiciity? i vote for the later. i don't see why japan should tolerate the imposition of western mores on japanes culture.
Hide Suzuki
" they are creating a tsunami of attention for this issue,”
really ? I just checked US yahoo news and there is one article related to this dolphine guy with no user comments while the affluenza kid and Shkreli articles have thousands of user comments, sure, they seem to care a lot ROFL
DaDude
I am sure Japan, China and North Korea aren't the only countries that don't roll out the red carpet for foreign activists on tourist visas. Many of you are on cushy long-term visas and adamant about this issue. Why aren't you at Taiji Port as we speak doing something about this? Typing on a keyboard or smart phone won't change anything.....
tinawatanabe
Taiji town people have been harassed and deeply hurt by animal right activists like O'Barry and people like you who have no concern about the locals yet telling them what to do..
Nessie
He's credited on the Internet Movie Database as starring in The Cove. That's "dolphin watching" in the same way that going to a strip club is "sports research".
fxgai
Who cares, go home old geezer.
Someone pass some soy sauce now
William Wong
Japan has right. Remember every country has right to deport any citizen.Japan is not EU or US country.japan only accept few mid east refugees in. Thats what happen in california and paris. Simply bring alien people in and see what happen. Bang bang bang. And back to normalcy. Jeez.
Peeping_Tom
Good!
Foreign rubble rousers should ALL be sent back to their respective countries.