Reuters: Visible Minorities (“Foreign-born residents”) file lawsuit against government for police racial profiling. Good. Go for it.

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Foreign-born residents file suit in Japan over alleged racial profiling
By Chris Gallagher
Reuters January 29, 2024, courtesy of Senaiho
Article with excellent video on the case with statements from the Plaintiffs at
https://www.reuters.com/world/asia-pacific/foreign-born-residents-file-suit-japan-over-alleged-racial-profiling-2024-01-29/

TOKYO, Jan 29 – Three foreign-born residents of Japan filed a lawsuit on Monday against the national and local governments over alleged illegal questioning by police based on racial profiling.

It is the first such lawsuit in Japan, according to the plaintiffs’ lawyers, and comes amid a sharp rise in the number of foreign workers coming to the country to help stem labour shortages as its population ages and declines.

It also comes amid a renewed debate over what it means to be and look Japanese, after a Ukrainian-born, naturalised Japanese citizen was crowned Miss Japan last week.

The three men filed the lawsuit with the Tokyo District Court demanding that the national, Tokyo Metropolitan and Aichi Prefecture governments recognise that it is illegal for police officers to stop and question people solely on the basis of their race, nationality or ethnicity.

The plaintiffs say they have suffered distress from repeated police questioning based on their appearance and ethnicity, which they say is a violation of the constitution.

The Tokyo Metropolitan Government, Aichi Prefectural Government and National Police Agency all declined to comment, while representatives of the Ministry of Justice could not be reached. ENDS
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COMMENT: I won’t decline to comment. Debito.org has reported at length on how racial profiling is standard operating procedure for the Japanese police, so it’s an issue that deserves to be pursued in court. We’ve also sued the government before, and think it’s unlikely they’ll win (we didn’t). But it’s worth doing for the awareness raising. If we can get it on the record that the judiciary recognizes this as “racial profiling”, or even that “racial profiling” actually exists in Japan as a term and a phenomenon, this will be a big step ahead. Plaintiffs, go for it, and good luck, says Debito.org. Debito Arudou, Ph.D.

PS.  This has made big international news, the likes I haven’t really seen since the Otaru Onsens Case.  Good.  Links to sources here.

Here’s another good one:

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3 foreign-born residents in Japan file suit over claims of racial profiling by police
January 29, 2024 (Mainichi Japan), courtesy of Kimpatsu
https://mainichi.jp/english/articles/20240129/p2a/00m/0na/019000c

PHOTO CAPTION:  The plaintiffs, from left to right, Maurice, Zain Syed and Matthew participate in a press conference at the Tokyo District Court in Tokyo’s Chiyoda Ward on Jan. 29, 2024. (Mainichi/Jun Ida)

TOKYO — Three foreign-born residents of Japan filed suit at the Tokyo District Court on Jan. 29 against the Japanese state plus the Tokyo Metropolitan and Aichi Prefectural governments for what they claim is frequent police questioning based solely on their ethnicity, or racial profiling.

In addition to 3.3 million yen (about $22,000) each in compensation, the plaintiffs are demanding confirmation from the Tokyo and Aichi Prefectural governments that it is illegal for police officers to stop and question a person because of their race or nationality, and confirmation that the National Police Agency (NPA) is responsible for directing and making sure forces across Japan don’t engage in racial profiling. They allege that the police questioning violates Japanese constitutional guarantees of freedom from racial discrimination and respect for the individual, as well as Japanese law requiring probable cause for officers to stop and question someone.

Zain Syed, who came to Japan from Pakistan with his family when he was 8 and became a Japanese citizen at age 13, claims in the complaint that he has been questioned by police 15 times since moving to Nagoya as a teenager in 2016. In one incident in April 2023, he said that officers questioning him outside his home asked to see his foreign resident card, and searched his belongings when he informed them that he was a Japanese citizen. The officers allegedly never told Zain why he was being questioned.

“I understand it (police questioning) is extremely important for Japan’s public security,” Zain told a Jan. 29 press conference. However, his own frequent questioning made him suspect that people around him believed he might commit a crime because of his ‘foreign’ appearance. “I think there’s a very strong image that ‘foreigner’ equals ‘criminal,'” he said.

Fellow plaintiffs Maurice, a Black American, and Matthew, a South Pacific Islander of Indian descent, claim similar incidents of harassment when the officers involved did not give a clear legal reason for stopping them.

Maurice claims he has been questioned by police in public 16 or 17 times in the about 10 years he has lived in Japan. He told The Mainichi that it has “ramped up especially in the past five to six years.

“All I know is that if they (the police) stop me on the road and I don’t get a ticket, well, why did you stop me?” he said. And beyond the police, Maurice added that he is subjected to “extra questioning about what I’m doing” by regular people, including, “Are you overstaying your visa? Why are you here?”

Matthew states that police have questioned him at least 70 times since he arrived in Japan in 2002. In an incident in October 2021, Matthew said that officers who had pulled him and his Japanese wife over even stated that they had stopped the couple because “it’s rare to see a foreigner driving around here.” He added that he feels like he could be approached by police anywhere he goes in Tokyo, and multiple times, and that he now avoids going out.

Racial profiling, or the use of race, skin color, ethnicity, and other factors to suspect that someone is involved in crime, or target them for a police investigation, is a serious problem worldwide. In 2020, The United Nations’ Committee on the Elimination of Racial Discrimination has recommended countries to formulate guidelines to prevent racial profiling.

In December 2021, the U.S. Embassy in Japan revealed on its Twitter account that it had “received reports of foreigners stopped and searched by Japanese police in suspected racial profiling incidents.” Japanese lawmakers demanded the NPA report on the situation, and in April 2022 the agency began examining complaints, inquiries, and other consultations with police forces across the country. In November 2022, the NPA announced that it found six cases of police officers questioning people inappropriately or without cause based on national and racial stereotypes in 2021.

Meanwhile, a Tokyo Bar Association survey of foreign residents and those with foreign roots carried out between January and February 2022 found that 62.9% of the 2,094 respondents claimed they had been questioned by police in the past five years. Of these, 85.4% said that officers approached them while acknowledging that they were someone with foreign roots based on “physical features” and other factors. And some 76.9% believed that there were no other factors than them being “a foreigner or someone with foreign roots” that prompted officers to approach them.

Plaintiffs’ attorney Motoki Taniguchi told the conference that, as the Japanese government tries to attract more foreign workers to combat the impact of its aging society and low birth rate, “society must be structured so that we can all live together with people with different roots.” He added that racial profiling by police has made “not a few people with foreign roots feel they’ve had enough, that they’re tired of Japan. Japan hasn’t formed the mindset yet that they (people with foreign roots) should be welcomed and treated as members of Japanese society.”

Police questioning “happens on the street, so naturally people who are around see this and may think that foreigners are up to no good. It reinforces a stigma. This completely contradicts the Japanese government’s policy of welcoming more foreigners to Japan.”

Zain noted that the number of people with foreign roots in Japanese society, including at schools, is rising, and will grow further as people stay long-term and have children here. “Compared to when I was a child, there are more people who, even if they look ‘foreign,’ they were born and raised in Japan and can only speak Japanese. I don’t want them to have the same experiences (with police) as I did, and I’d like to see a widening change of awareness across Japanese society,” he said.

(By Jun Ida and Robert Sakai-Irvine, The Mainichi staff writers) ENDS

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10 comments on “Reuters: Visible Minorities (“Foreign-born residents”) file lawsuit against government for police racial profiling. Good. Go for it.

  • David Markle says:

    When our daughter was being bullied in school on account of her non-Japanese features, I brought this up with several of her Japanese teachers and the principal and got nothing but blank looks. One Japanese teacher even stated that she thought there was none of this sort of thing in Japan because she personally had never experienced it. Walk a mile in my shoes was all I could say. Good luck getting the average Japanese to even consider that racial profiling exists in their country. Thats just something that other less superior races have to deal with as far as they are concerned.

    Reply
  • On a related note…
    Volunteer NJ ‘Firemen’ not able to assist fully in earthquake recovery work due to the fact the ‘authority’ is required to fulfill their role during emergencies. Unfortunately, NJ are denied ‘authority’ to protect the racial-superiority myth narrative (plus, an emergency is a good opportunity for the state to oppress NJ. Ishihara knew this😉).
    In fact, none of this is even spelled out in black & white. Those responsible for commanding Fire Services are just assuming it ‘must be so’ because ‘gaijin’.
    In an emergency, I’d rather rely on common sense than racism.

    https://japantoday.com/category/national/feature-foreign-firefighters-stifled-by-japan-gov't-bureaucratic-smoke-screen

    Reply
  • ‘Asked whether they want a higher percentage of foreign nationals in their community, 54.5% said they do not, with many citing concerns about increased friction or deterioration of the social order.’

    ‘Deterioration of social order’= any change whatsoever to what happens outside their front door.
    NEWSFLASH! When there aren’t any young people working and paying taxes, what do they think is going to happen to ‘social order’.
    Just goes to show, you can take the polity out of a fascist police state, but you can’t take the fascist police state out of the polity.
    Again, it’s the obsession with controlling imagined ‘social order’, as if it were possible.
    If only there were some way of doing apartheid…
    https://www.japantimes.co.jp/news/2024/02/10/japan/society/foreign-workers-limited-exchanges/

    Reply
  • UK right winger published in UK right wing rag completely ignored that Germany just overtook Japan to become world’s third largest economy due to lack of immigration = better society. And Japanese manufacturing etc.
    Guess he doesn’t know about GDP rankings, hollowing out etc. Right wingers never the sharpest tools in the box.
    Still, the Japanese will love having their own narratives parroted back at them uncritically.
    https://japantoday.com/category/quote-of-the-day/The-Japanese-look-at-the-West-and-see-that-mass-immigration-is-hardly-helping-ailing-economies-like-Britain-France-and-Germany-Japan's-national-cohesion-also-makes-for-a-very-liveable-and-safe-country-unlike-Germany-or-the-UK

    Reply
    • I was in Berlin last week and felt incredibely save. Even walking through the red light district at night, I encountered no problems. Nobody bothered me, or tried to touch me. In Japan on the other hand, I got swarmed and sometimes touched by touts a few times (and no, not only by Nigerians or other „foreigners“, a lot of those touts were Japanese).

      I wrote it a few times here, but the „Japan is save“ meme is overstated and annoying. The vast majority of European countries are just as save as Japan, or even saver. And the ones who aren‘t so save are actually mostly right wing ones, like Russia, Bulgaria, Hungary, etc.

      Let‘s also not forget that in Germany, the police can only arrest and hold you for 24 hours, after that a judge has to decide if your crime (or if you’re a flight risk) warrants an extension. Why does no one who talks about „save Japan“ ever mention that the police in Japan can make you „disappear“ for nothing for 23 days? Very „save“ indeed (if you‘re into dictatorships).

      Reply
  • Osaka local governance has long held a policy of not stopping people on the street because they look like a foreigner. I lived there for 25 or so years and was never stopped. Kobe cops will stop you though.

    Reply
  • In January, a trio of foreign-born Japanese residents filed suit in the Tokyo District Court against the Japanese state plus the Tokyo Metropolitan and Aichi Prefectural governments for what they claim is frequent police questioning based solely on their ethnicities, or racial profiling. So what can you do if police officers stop you on the street for questioning in Japan?

    The Mainichi asked Moe Miyashita, an attorney on the plaintiffs’ legal team who has done extensive work on the police questioning and racial profiling issue.

    Dr. Debito, would you care to comment on this article as well as the book “Racial Profiling”?:

    What can foreign residents do if stopped for questioning by Japanese police?

    レイシャル・プロファイリング

    Reply
    • On second thought, you might want to take a look at this bombshell first:

      ‘We were told to target foreigners’: Ex-officer on systematic racial profiling by Japan police

      TOKYO — Police in a west Japan prefecture engaged in persistent and systematic racial profiling ordered by senior officers, targeting foreigners for questioning, ID checks and searches, a former inspector with the force revealed to The Mainichi in a recent interview.

      “In the time I was in the local policing section, we were told to target foreigners for questioning and check their foreign resident registration cards. There was also a ‘cracking down on foreigners’ month when we were ordered to put extra effort into checking cards, but also searching foreigners for drugs, knives or anything else illegal,” Taro Yamada (a pseudonym) told The Mainichi. Yamada, who joined the police in the 2000s and served for over 10 years, added that the order had come from the criminal investigation division, with a particular emphasis on catching visa violators.

      He continued that during the crackdown month, officers were given forms to record the personal details — resident card number, birthday, country of origin, “everything” — of each foreigner they stopped to question. These forms were then submitted to not just the local policing division, but also the criminal investigation and public security divisions.

      “After the month-long crackdown, I saw that there had been more visa overstayers caught, and I thought we’d had a positive effect,” Yamada said. “But later, I came to think that orders really emphasizing that we had to ‘crack down on foreigners’ — in other words judging people by their appearance alone — were a human rights violation.”

      According to Yamada, there was no focus on questioning particular ethnicities when he was a patrol officer, but he did encounter deep biases against residents with darker skin.

      “Officers around me including my immediate superior often said things like, ‘People with Black roots, Southeast Asians and so on study ways to kill people. So use your service revolver if you have to! You have no idea what they’re going to do.'” Similarly, it was said within the force that officers “‘have to be careful patrolling'” in an area with many Korean residents “‘because there’s no telling what they’ll do.'” Yamada added that officers tossed around these comments casually during work and on break, and often referred to foreigners broadly as “aitsura” and “yatsura” — derogatory words roughly translatable as “those people.”

      Furthermore, when he was in a desk position, his department passed on a request from the prefectural police chief’s office “directing officers to conduct an arrest training exercise simulating a Brazilian person attacking you with a crowbar.” This was issued with the justification that “there are many Brazilians in this area.”

      Yamada told The Mainichi that during his time as an officer and still today, there is a strong assumption in the police that foreigners are likely to be criminals.

      “And I think that when police think of a ‘foreigner,’ they’re not picturing someone (of European descent), but a person with darker skin, with Black or Southeast Asian roots and so on. I thought that way. Officers assume (light-skinned people) are tourists or have a Japanese partner. But with people with dark skin, they tend to assume they’re visa overstayers.”

      Asked if, as a young officer, he had taken biases like these uncritically, Yamada replied, “I had no experience as an adult outside the police, so I thought whatever my superior officer said was unquestionable. I just absorbed it without thinking.” He added that he was not alone, and that officers who mimicked their superiors’ harsher views were praised.

      In April 2022, the National Police Agency (NPA) began examining complaints, inquiries, and other consultations with police forces across the country regarding alleged racial profiling. In November 2022, the NPA announced that it had found six cases of police officers questioning people inappropriately or without cause based on national and racial stereotypes in 2021.

      Referencing this, Yamada said, “First of all, the police need to admit that they have a racial profiling problem. Racial profiling is a social issue that only the police can solve, so I’d like to see police officers given a thorough education on the subject. Local police officers who do the questioning don’t know about this as a problem. They need training so that it will occur to them (that targeting foreigners for questioning) ‘might be a human rights violation.’ And that needs to happen on an organizational level.”

      Yamada continued, “I assume there are a lot of racial profiling victims out there who feel there’s nothing they can do every time they get questioned and searched. But every police headquarters has a consultation desk, and you can go there and tell them, ‘I’ve been racially profiled, at this time on this date.’ Police have to record every consultation, and try to solve the problems brought to them. If more and more racial profiling complaints are filed, I think that the police won’t be able to ignore it and will be forced to deal with the problem. It’s possible to get the number (of complaints) up to that level, though it will take time and energy.”

      Furthermore, “When you’re approached by police, you can also ask the officers directly, ‘Am I suspicious somehow?’ And if they reply, ‘Well, your hairstyle,’ or ‘You’re a foreigner, aren’t you?’ that’s a violation. Recording that, either on the spot with a voice recorder or later by taking note of the date and time and what the police said to you, is a measure you can take (to provide evidence).”

      About his views of the police after leaving the force, Yamada told The Mainichi, “The police are the last resort of those in trouble, and they are there to defend residents. After I left, I realized how painful it must have been for people to be discriminated against by the very force that they needed to protect them. It was tremendously sad, and I was probably a part of that discrimination.

      “I want to raise my voice for the very reason that I came from the police system. I want the police to change.”

      (By Robert Sakai-Irvine and Jun Ida, The Mainichi staff writers)

      Reply

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