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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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