Senaiho Case against Yamanashi City for “Hair Police” school bullying: A very rare victory for the Plaintiffs!

mytest

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Hi Blog.  I’m still on writing hiatus (except for my monthly SNA columns) after the release of my Second Edition of “Embedded Racism” (Meanwhile, Debito.org Readers are contributing noteworthy articles to the Comments Sections of the Debito.org Newsletters.)

But let me emerge to report from Senaiho, on his case of school bullying against his multiethnic daughter in 2018.  We’ve covered it for years on Debito.org (original Senaiho post here, then Updates One, Two, ThreeFour. and Five), and it’s gone from a criminal case against his daughter’s assailants (which Senaiho lost last May 2021) to a civil case against the authorities (for mental duress from official negligence).  After three years of this rigmarole, we’ve just heard that he won the civil case.  His briefing follows.

Although the court award is a pittance (it almost always in the cases of racial discrimination), it still holds the authorities culpable.  Congratulations on setting another positive precedent, Senaiho and family!  Debito Arudou, Ph.D.

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From: Senaiho
Subject: Judgment in our case against the city of Yamanashi
Date: November 30, 2021
To: “Debito Arudou Ph.D.” <debito@debito.org>

Hello Debito,

We finally have it. I am sorry it was not in time to be included in the latest edition of your excellent book. Maybe next time.

In the final judgment in our civil case against the city of Yamanashi and the school system, the court awarded 110,000 yen to us, the plaintiffs. A bitter/sweet, long and hard fought victory.

First the positives. Any judgment against a public entity in Japan is almost unheard of. In 99% of the cases of suits brought against a public entity, the private party almost always loses. It is so rare that the government does not even keep statistics on it, and they keep statistics on everything. There really is no point of reference for those not familiar with the legal system in Japan. It is hard to even find anything to compare it with in other countries, especially the US, where everybody sues everybody. The reason for this is because the court and everyone who works at and for them are all public officials themselves. To render a judgment against another public entity would be akin to shooting oneself, so to speak. This is also why judgments are always a pittance against any public official in Japan in the rare cases where there are any.

In the brief of the judgment the court found the teachers/school and city of Yamanashi liable for the damages of cutting our daughter’s hair. There are laws against doing this, the history of which I will not go into. It vindicates us as parents, who were put to public shame and blamed for the fact that our daughter was bullied. She also received some satisfaction for having been teased to the point of desperation that resulted in her unable to attend school for several years while receiving treatment. It also vindicated her from the some of the extensive damage to her self-esteem. Unfortunately, these scars she will most likely carry for the rest of her life. No mention was made of the root causes of her having her hair cut; racism and abuse against her for the sin of being born from a mixed racial couple.

Our lawyer gets to celebrate a rare victory for any legal professional in Japan. A judgment of any kind against a public entity will most likely propel him into the rare air of lawyers in Japan who have won judgments against public officials. He will most likely get appointed to various prestigious committees and professional elite boards. A boost for his career. Good for him.

The downside of our small victory is that it is small. One judgment in a regional court in Japan changes nothing really. There will be some media coverage for a little while. After that dies down, the bullies will continue to bully, the racists will continue to rant, and the public officials will continue to cover up their culpability. The amount of the judgment itself is an insulting pittance, and does nothing to deter anyone from the actions that caused it. It is just a spit in the street for public officials who have no personal skin in it anyway. They get to go on with business as usual. We get to pick up the pieces of our lives. Unless the city of Yamanashi appeals the judgment (actually I kind of hope they do) we get to carry on, older but wiser? Hmm, not sure about the wiser part.

Thank you again to everyone here at Debito.org who supported us with your encouragement and prayers.

Senaiho

The bullying haircut, as demonstrated in court by Senaiho.  Image courtesy of Bunshun and Senaiho.

The bullying haircut as demonstrated in court

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My SNA VM28: “Japan’s Fast Breeder Reactor of Racism.” Summarizes book “Embedded Racism” First and Second Editions, Nov 22, 2021

mytest

Books, eBooks, and more from Debito Arudou, Ph.D. (click on icon):
Guidebookcover.jpgGuidebookcover.jpgjapaneseonlyebookcovertextHandbook for Newcomers, Migrants, and Immigrants to Japan「ジャパニーズ・オンリー 小樽入浴拒否問題と人種差別」(明石書店)sourstrawberriesavatardebitopodcastthumbFodorsJapan2014cover
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Hi Blog.  my Second Edition of “Embedded Racism in Japan” (Lexington Books, 2022) has just come out, and I summarize both editions in my latest Shingetsu News Agency “Visible Minorities” column.

Since the First Edition is probably well-known by frequent readers of Debito.org, let me excerpt the new arguments of the Second Edition.  Read the whole SNA column for the full context.  Debito Arudou, Ph.D.

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Visible Minorities: Japan’s Fast Breeder Reactor of Racism
SHINGETSU NEWS AGENCY, NOV 22, 2021 by Debito Arudou
https://shingetsunewsagency.com/2021/11/22/visible-minorities-japans-fast-breeder-reactor-of-racism/

(Excerpt) In my new Second Edition of Embedded Racism (2022), I’m now arguing that Japan’s long-ignored racial discrimination undermines the rest of the world, especially its liberal democracies, because Japan is in fact a fast-breeder reactor of radioactive racism.

Since the end of World War II, the capitalistic side of the world, particularly the United States, willfully ignored and indulged Japan’s explicit expressions of racial and ethnic superiority. After all, the conservatives of the world would rather Japan be right-of-center and anti-communist. So they funded conservative governments and offered favorable access to international markets, ensuring that Japan got rich and deferential.

For what do the conservatives care if Japan violates its human rights treaties or inflames regional tensions, through historical denialism and the arrogance of racial superiority? As long as Japan keeps hosting the bases, buying the weapons, and acting as America’s unsinkable aircraft carrier in Asia, they have in them a harmless and controllable ally.

Except that it’s not. Here’s where the chickens come home to roost.

One axiom in this field of study is that if you ignore racism, it spreads. Bigots exist in every society, and if they realize they can get away with discriminating against people, they’ll gleefully do it, especially if they have templates to follow.

Japan offers those templates… In short, embedded racism has made Japan into the world’s template “ethnostate.”

That is to say, to numerous white supremacists worldwide, Japan is the model for a society organized along beliefs of its own ethnic purity. As one of the richest and most-respected countries in the world, Japan, unlike other rich countries, has prospered while keeping minorities and migrants to a minimum…

The conclusion is that my second edition of Embedded Racism is a clarion call for liberals and progressives to wake up, and get ready to defend democracy from the ethnocentrists. Fight with all your might the fiction that the way to deal with a race problem is to exclude and cleanse races from your society. That’s the Japan template. Don’t let it be yours.

Again, if you leave discrimination alone, it spreads. Leaving Japan alone to practice its embedded racism has finally reached the point of blowback. It’s time for a new set of templates to fight racial discrimination in the world, including and especially Japan’s.

Overseas policymakers should also be ready to make Japan take responsibility for what it’s wrought upon the world. It’s time to pressure the Japanese government to observe its treaty promise to the United Nations more than 25 years ago—passing a law against racial discrimination—and begin the process of enfranchising its minority voices.

That includes doing more than just scolding or issuing strongly worded letters. I suggest putting pressure where Japan’s elites care—limiting access to overseas markets. Or else Japan will remain a fast breeder reactor of racism irradiating the rest of the democratic world.

EXCERPT ENDS.  Full article at https://shingetsunewsagency.com/2021/11/22/visible-minorities-japans-fast-breeder-reactor-of-racism/

If you are interested in reading the fully revised and updated Second Edition, please download this publisher promo flyer (with discounts), take it to your local library, and have them order a copy. Then you can borrow and read it for free.

http://debito.org/EmbeddedRacism2ndEdFlyer.pdf

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Debito’s SECOND EDITION of “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books, 2022), fully revised and updated, now on sale

mytest

Hi Blog. The new SECOND EDITION of “Embedded Racism” (Lexington Books, 2022), completely revised and updated with 100 extra pages of new material, is now on sale.

Information site outlining what’s new, with excerpts and reviews, and how to get your copy at a discount at

http://www.debito.org/embeddedracism.html

(Or you can download a flyer, take it to your library, have them order the book, and then borrow it for free at EmbeddedRacism2ndEdFlyer)

Read a sample of the book on Amazon here.

Front Cover:

Full cover with reviews:

Debito Arudou, Ph.D.