Senaiho Case against Yamanashi City for “Hair Police” school bullying: A very rare victory for the Plaintiffs! (UPDATE: Full court decision attached)

Senaiho (excerpt): 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 since 2018.

First the positives. Any judgment against a public entity in Japan is almost unheard of… In the brief of the judgment the court found the teachers/school and city of Yamanashi liable for the damages of [forcibly] cutting our daughter’s hair [without her permission in front of everyone in school]… 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.

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

Senaiho’s final update on Yamanashi School Bullying Lawsuit: They basically lost, because bullying is an “expected and normal” part of Japanese Education (UPDATED with full court decision text)

Senaiho: We received a judgment from the Yamanashi Circuit Court in our case against the bullies of our daughter resulting in the school cutting her hair and her dropping out of school. In a Readers Digest version of the judgment, we lost. The court ruled that while recognizing the fact that bullying was present, it did not amount to enough abuse that would merit awarding any damages. A certain amount of teasing is expected and a normal part of the Japanese educational system, in the court’s opinion, so zero amount is awarded.

There is no hiding our disappointment in this judgment, so I won’t try to white-wash it. It sends the message that it is OK to bully others for whatever reason in Japanese education, as long as there are no serious physical effects, such as severe injury, death, or suicide. There was no mention whatsoever of anything related to racial motivations in our case.

Senaiho “Hair Police” School Bullying Case Update 4: Civil lawsuit launched against school bullies, gaining traction with other international couples

Here’s the latest update from NJ resident Senaiho (previous updates three, two, and one here), whose daughter was not only bullied by school peers, but also had her hair forcibly cut by schoolteachers in public, causing her so much PTSD that she dropped out of school.  This is yet another incident of Japan’s institutionalized school bullying of children of color that Debito.org has long called “the Hair Police”. Bullying is rife in Japanese education, but when it’s ignored (or even perpetuated) by officialdom, this feeling of powerlessness will leave children (particularly those NJ children with diverse physical features targeted for “standing out”) and their families scarred for life.  (As discussed at length in book “Embedded Racism”, pg. 154-5.)  

The difference now is that Senaiho has launched an actual civil court case.  Over more than a year now Senaiho has tried other channels, such as taking it before school authorities and asking for criminal investigations, and all they have gotten is stonewalling and official coverup.  So now he’s suing the bullies themselves.  Let’s see what precedent this is going to set.  Given that others are now standing up against insanely intrusive Japanese school conformity rules (“burakku kousoku”, including warmer clothes in winter, freedom of assembly or travel, and even the color of their underwear!), this may be a landmark case.  Meanwhile, Senaiho offers an update with a newspaper clip below.  

Senaiho Update 3: Civil suit to be launched over school “Hair Police” forced-haircut bullying of student in Yamanashi JHS (UPDATED)

This is an update to the Senaiho Case of Junior High School bullying in Yamanashi, where a student three years ago had her hair forcibly cut by her Japanese school’s “hair police” (i.e., her teachers) against her will, resulting in trauma to the point where she could no longer attend.  Debito.org has been covering this case for years (previous entries here, here, and here). The news is that the family, working through “proper channels” to no effect (in fact, the opposite — officialdom harassed the victims further), are officially taking the bullies to court:

Senaiho: Since my last update stating that the prosecutors office found insufficient evidence to proceed with charges, we have been working on the basis of filing a civil suit against the city of Yamanashi seeking a monetary amount of 7 million yen and a suit against the guardians of the perpetrators of the bullying seeking 5 million yen. This suit will be filed on the 8th of this month. This will be followed by a press conference at the press club office in the prefecture building. The basis of the suit will be that our daughter was bullied and as a result of this, the school teachers cut her hair without her consent. This resulted in her being traumatised to the point of not being able to attend the last two years of her middle school education and requiring professional counseling, along with medical treatment for insomnia.

Since the original incident in ’16, many of the people involved have retired, transfered, divorced, and even been imprisoned, such as the former mayor of Yamanashi (for unrelated crimes). This however does not decrease the liability of the city or the perpetrators. It does make it difficult for those in charge though who have to catch up, but that is their problem. This will be a long process though, probably two years at least and there is no guarantee we will come through as we wish, but if our daughter understands that what happened to her is not her fault, it will be a victory.

Senaiho Update 2: School Bullying in Yamanashi JHS: How people who file complaints for official harassment get harassed back.

Here’s a second update from “Senaiho”, who has given Debito.org important updates (previous ones here and here) about overzealous enforcers of school rules in Japan’s compulsory education system acting as what Debito.org has long called “the Hair Police“. This phenomenon particularly affects NJ and Japanese of diverse backgrounds, who are forced by officials to dye and/or straighten their naturally “Non-Asian” hair just to attend school.

The update is that The BOE is simply engaging in obfuscation and coverup. After attracting some (domestic) press attention (which didn’t itself cover the racial-discrimination aspect of this happening to a child of international background, for having the wrong natural hair color/texture), the local government has decided (as you can see below) to investigate not the case (to prevent something like this from ever happening again to another student), but rather how not to get sued. Official transcripts are also indicating testimonies grounded in rumor, not fact, without direct input from the victimized family.  And for good measure, we now have the time-worn bureaucratic tactic of smothering claimants with documents to consume all their free time. All while Senaiho is attempting to take this out of local lackluster investigative hands and into criminal court, by filing a criminal complaint.

The interesting news is that according to a recent article in Japan Today (full text after Senaiho’s dispatches) is that forcible hair cutting like this is seen as (generally distasteful) corporal punishment (taibatsu) elsewhere (in conservative Yamaguchi Prefecture of all places, home constituency of PM Abe).  In that case, apologies were forced by the students, top-down pressure put on the teacher to reform, and the teacher being relieved of some of his duties.  Let’s keep an eye on Senaiho’s case, for if his criminal complaint succeeds, it will be a template for others on how to take cases of abusive teachers out of the hands of evasive, “see-no-evil” Boards of Education, and protect diverse children from the cookie-cutter conformity of Japan’s JHSs and SHSs.

UPDATE: Senaiho on the stacked Board of Education committee investigating his Yamanashi jr. high school Hair Police complaint

What follows is an update about Senaiho’s case, i.e., overzealous enforcers of school rules in Japan’s compulsory education system who essentially become the “Hair Police”. This phenomenon particularly affects NJ and Japanese of diverse backgrounds, who are forced by officials to dye and/or straighten their naturally “Non-Asian” hair just to attend school.

Bullying is rife in Japanese education, but when it’s ignored (or even perpetuated) by officialdom, this feeling of powerlessness will leave children (particularly those NJ children with diverse physical features targeted for “standing out”) and their families scarred for life.  (As discussed at length in book “Embedded Racism”, pg. 154-5.)  As reported on Debito.org last month, after months of playing by the rules established by the local Board of Education, Senaiho finally lodged a formal criminal complaint against his daughter’s school officials, and it’s smoking out hidden documents.  This blog entry is an update to the case, where he has managed to uncover just how stacked the system is against him, and why he was entirely correct to pursue this issue through criminal, not Board of Education, channels.  

This is one of the worst-kept secrets about Japan — its underdeveloped civil society generally leaves the government to do everything, and the cosy relations between government officials means a lack of independent investigation and oversight.  Coverup becomes Standard Operating Procedure.  Hence “kusai mono ni futa o suru” (“put a lid on that which stinks” — instead of actually cleaning it up) isn’t a bellyaching grumble — it’s a PROVERB in Japan.

Your kid having trouble in Japanese school?  Keep an eye on this case and learn a few alternative avenues for recourse.

Senaiho on criminal complaint against Jr High School “Hair Police” in Yamanashi

Senaiho: Since writing this article in the spring of last year, there have been several developments in our case. At the end of 2017, we submitted a petition to the Yamanashi board of education requesting they do an investigation into the bullying, and reasons for the trauma experienced by our daughter. As a result of this experience she has been absent for almost the entire last two years of her middle school education.

Over the course of 2017 with the help of our local Ombudsman, we managed to collect over 1500 signatures requesting that the school board do an internal investigation into the causes and responsibilities of the incidents regarding our daughter. The school board agreed to do an investigation. At the end of 2018 after reports of monthly meetings of the school board (in which we were not allowed to participate), we were informed that the results of this investigation completely exonerated the teachers and any public officials of any misdeeds or responsibility regarding the treatment of our daughter. It was all our fault as incompetent parents that our daughter was bullied and suffered such trauma that she was not able to attend school. Shame on us. We have requested to see a copy of this report, but have been informed that will not be allowed. The reason given is that it contains the names of private individuals involved whose privacy must be protected. Bullspit! We tried to be civil and it got us nowhere.

As of January 8, 2019, we have filed with the Yamanashi Pref. Police a criminal complaint naming the school principal and three teachers as defendants. Later that afternoon we also held a press conference. As of this writing articles regarding our case have appeared in several newspapers across the country. Since it is still early in the criminal case, I am sure there will be many developments over the next several weeks and months. I will strive to keep you informed as these occur.

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

Reuters: 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.

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.

COMMENT: This has made big international news, the likes I haven’t really seen since the Otaru Onsens Case.  Good. 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.ORG NEWSLETTER DECEMBER 28, 2021: END YEAR SPECIAL

SPECIAL: “Visible Minorities: Human Rights Top Ten for 2021”, Shingetsu News Agency, Dec 27, 2021 by Debito Arudou

GOOD NEWS
1) US Embassy in Japan tweets warning against Japanese police practice of “racial profiling”: Bravo. About time.
2) Miyazaki International College cut their elderly professors’ salaries by 20%. After a 7-year battle, Fukuoka High Court rules this illegal. A victory for foreign plaintiffs too.
3) Senaiho Case against Yamanashi City for “Hair Police” school bullying: A very rare victory for the Plaintiffs! (UPDATE: Full court decision attached)
4) Good 2018 JT article on Japanese Nationality Law. Upshot: Don’t give up NJ citizenship after naturalizing into Japan

OTHER NEWS
5) My SNA VM28: “Japan’s Fast Breeder Reactor of Racism.” Summarizes book “Embedded Racism” First and Second Editions, Nov 22, 2021
6) My SNA VM27: “The Bright Side of Japan’s ‘Culture of No’.” Surprise! Debito has something positive to say about Japan. Oct 18, 2021
7) My SNA VM7: “Japan’s Botched Response to the Diamond Princess Coronavirus isn’t Racism; it’s Stupidity”, Feb 17, 2020 (archiving link to full text)
…and finally…
8 ) Debito’s SECOND EDITION of “Embedded Racism: Japan’s Visible Minorities and Racial Discrimination” (Lexington Books, 2022), fully revised and updated, now on sale

DEBITO.ORG NEWSLETTER MAY 17, 2021

Table of Contents:
1) Kyodo: “300 people per day re-entering Japan breaking COVID self-quarantine”. But NJ report government incompetence, which punishes them disproportionately.
2) Senaiho’s final update on Yamanashi School Bullying Lawsuit: They basically lost, because bullying is an “expected and normal” part of Japanese Education (UPDATED with full court decision text)
3) Problematically racialized Education Ministry-approved primary-school “Morals” textbook: “Shōgaku Dōtoku: Yutaka na Kokoro 1-nen” (Kōbun Shoin, 2020)
4) Nagasaki Yorozuya-machi Steak House “Bronco” sign: “Foreign people are forbidden to enter this restaurant to prevent infection.” Exclusionary racism evolves with Covid. (UPDATED: Signs are down)
And finally…
5) SNA Visible Minorities 21: “A Retrospective on 25 Years of Activism”, April 19, 2021

DEBITO.ORG NEWSLETTER MARCH 16, 2020

Table of Contents:
DIVERSITY AND ITS ADVERSARIES
1) 2020 Tokyo Olympics drops Ainu performance from its Opening Ceremonies, despite 2019 law officially recognizing and promoting them as an indigenous people in Japan
2) BBC: “Is Japan embracing diversity?” A Pollyannaish article highlighting a few celebrity examples without data on broad public attitudes or government policy re immigration
3) DF on Chugoku bank unlawfully demanding to check NJ customers’ visa stay durations and photocopy their Gaijin Cards, or face discontinuation of service
4) Senaiho “Hair Police” School Bullying Case Update 4: Civil lawsuit launched against school bullies, gaining traction with other international couples
5) “Gaikokujin Shimin”: Kawaguchi City Mayor Okunoki (kinda) answers a query about the racialized application of this term that officially makes Japanese into “foreigners” (UPDATED)
RECENT DEBITO COLUMNS
6) SNA Visible Minorities Col 6: “Carlos Ghosn’s Escape from Japan Was the Right Move”, Jan 20, 2020
7) My Japan Times JBC 118: “Remain calm when stopped by the police”, on what to do if stopped by Japanese police for an Instant ID Checkpoint, Jan 20, 2020
… and finally…
8 ) My SNA Visible Minorities column 7: “Japan’s Botched Response to the Diamond Princess Coronavirus isn’t Racism; it’s Stupidity”, Feb 17, 2020

DEBITO.ORG NEWSLETTER NOVEMBER 27, 2019

Table of Contents:
WHOLESALE ALIENATION BY OFFICIALDOM

1) Dejima Award #7: Nagoya City officially classifies “Foreigner City Denizens” to include “naturalized persons, children of international marriages, people with foreign cultures or roots in their backgrounds”. Viva Eugenics.
2) MH Fox translation: “Gangsters and foreigners have no rights”, by Hiroshi Ichikawa (former prosecutor) on jiadep.org.
3) Mainichi: “‘Prison camps for Brazilians’: Foreign kids in Japan being ushered into special education.” Perpetuates the Japan-“educated” NJ underclass.
4) “Educating the Non-Japanese Underclass”, my Shingetsu News Agency “Visible Minorities” Col 2, Sept 17, 2019.
5) Senaiho Update 3: Civil suit to be launched over school “Hair Police” forced-haircut bullying of student in Yamanashi JHS (UPDATED).

MORE ALIENATION JUST FOR KICKS

6) XY on being racially profiled–by a designated police task force looking for “bad foreigners”–for a traffic fender bender caused by someone else!
7) Reuters: Japanese police urged to take “light-touch” towards NJ during Japan 2019 Rugby World Cup. Yeah, sure.
8 ) ICI Hotel Kanda unlawfully requires ID from all “foreign guests”, including NJ residents of Japan, as a precondition for stay; claims it’s demanded by Tokyo Metropolitan Police (UPDATED).
9) Last word on NJ hotel passport checks (thanks to a lawyer): It’s as Debito.org has said for more than a decade: NJ Residents are exempt from showing any ID.
10) My Shingetsu News Agency Visible Minorities col 3: “Racial Profiling at Japanese Hotel Check-Ins”, October 23, 2019.
11) Fujisankei-owned Japan Today posts article on “What to do if stopped by J police” for Rugby World Cup visitors, after consulting with Debito.org. Then does not acknowledge Debito.org and leaves out valuable advice.
12) Kyoto JET Programme teacher TS on being made homeless due to xenophobic landlord, and Kyoto Board of Education (who found the apartment) refuses to help.
13) Dr. Oussouby Sacko, African-born President of Kyoto Seika U, speaks at JALT, shows more blind spots re racism and tokenism.

… and finally…
14) “The Xeno-Scapegoating of Japanese Halloween”, my SNA Visible Minorities Col 4, Nov 18, 2019.

DEBITO.ORG NEWSLETTER APRIL 18, 2019

Table of Contents:
MORE OFFICIAL OVERREACTION TO NJ INVITED INFLUX
1) Record 2.73 million NJ residents in Japan in 2018; media also shoehorns in mention of NJ crime, without mention of NJ contributions
2) MC on new Minpaku Law and NJ check-ins: Govt. telling AirBnB hostels that “foreign guests” must have passports photocopied etc. Yet not in actual text of the Minpaku Law. Or any law.
3) XY: Hotel calls cops on NJ Resident at check-in for not showing passport. And cops misinterpret laws. Unlawful official harassment is escalating.
4) Fox on getting interrogated at Sumitomo Prestia Bank in Kobe. Thanks to new FSA regulations that encourage even more racial profiling.
5) “Gaikokujin Appetizer Charge” in Osaka Dotonbori restaurant? Debito.org investigates.

THE SENAIHO CASE OF SCHOOL HAIR POLICING TAKEN TO COURT
6) Senaiho on criminal complaint against Jr High School “Hair Police” in Yamanashi
7) UPDATE: Senaiho on the stacked Board of Education committee investigating his Yamanashi jr. high school Hair Police complaint
8 ) UPDATE 2: Senaiho School Bullying in Yamanashi JHS: How people who file complaints for official harassment get harassed back
9) NYT: Hair policing soon to be treated as “racial discrimination” by NYC Commission of Human Rights. Compare with JHS & HS Hair Police in Japan.

HOW THE MIGHTY HAVE FALLEN
10) Debito.org’s stance on the Carlos Ghosn Case, at last: A boardroom coup making “thin legal soup” that might shame Japan’s “hostage justice” judicial system into reform
11) Debito article in Shingetsu News Agency: “The Japan Times Becomes Servant to the Elite” (Feb 2, 2019)

… and finally…
12) Japan Times JBC 114, “Top Ten Human Rights Issues for NJ in Japan for 2018” column, “Director’s Cut” with links to sources

NYT: Hair policing soon to be treated as “racial discrimination” by NYC Commission of Human Rights. Compare with JHS & HS Hair Police in Japan.

NYT: Under new guidelines to be released this week by the New York City Commission on Human Rights, the targeting of people based on their hair or hairstyle, at work, school or in public spaces, will now be considered racial discrimination. The change in law applies to anyone in New York City but is aimed at remedying the disparate treatment of black people; the guidelines specifically mention the right of New Yorkers to maintain their “natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.”

In practice, the guidelines give legal recourse to individuals who have been harassed, threatened, punished, demoted or fired because of the texture or style of their hair. The city commission can levy penalties up to $250,000 on defendants that are found in violation of the guidelines and there is no cap on damages. The commission can also force internal policy changes and rehirings at offending institutions… (The new guidelines do not interfere with health and safety reasons for wearing hair up or in a net, as long as the rules apply to everyone.)

The guidelines, obtained by The New York Times before their public release, are believed to be the first of their kind in the country. They are based on the argument that hair is inherent to one’s race (and can be closely associated with “racial, ethnic, or cultural identities”) and is therefore protected under the city’s human rights laws, which outlaw discrimination on the basis of race, gender, national origin, religion and other protected classes.

COMMENT: Related to our recent posts by Senaiho about the unchecked bullying power of the self-appointed “Hair Police” in Japan’s secondary education system, here’s how a progressive system deals with it, particularly when it comes to hairstyles in the professional world. New York City’s Human Rights Commission will soon be enforcing guidelines dealing with racial discrimination when it comes to how people choose to wear their hair professionally. And these penalties have real teeth: The NYC HRC can levy fines on companies of up to a quarter-mil, plus damages in court afterwards!

This is, of course, absolutely unimaginable in Japan, where their state-sponsored “Bureau of Human Rights” (Jinken Yougobu) is but a Potemkin system (with no ability to levy penalties, and arbitrary guidelines for launching investigations) that only exists to deflect criticism from overseas that Japan isn’t respecting treaty obligations towards human rights. Consequently people of diversity are forced into an absolutist narrative where “looking Japanese” is not only quantifiable as a standard (e.g., hair must be straight and black), but also enforceable under normalized racial profiling by the Japanese police (which has detained people for “looking foreign” while Japanese). This is why “Embedded Racism” remains so unchecked in Japan. So consider the NYC HRC as a template.

DEBITO.ORG NEWSLETTER JANUARY 27, 2019

Table of Contents:
THE FAULTY DYNAMIC OF “NIPPON CLAIMING”
1) Japan Times JBC Col 113: “Warning to Naomi Osaka: Playing tennis for Japan can seriously shorten your career” (Sep. 19, 2018)
2) SCMP: “Tennis queen Naomi Osaka a role model, says ‘Indian’ Miss Japan Priyanka Yoshikawa”. A little more complex than that.
3) “Nippon Claimed” multiethnic tennis star Osaka Naomi gets “whitewashed” by her sponsor. Without consulting her. Compare with singer Crystal Kay.

SHENANIGANS
4) Fuji TV’s “Taikyo no Shunkan”: Reality TV targeting NJ as sport. Again.
5) Japan Times officially sanitizes WWII “comfort women” and “forced laborers”. Pressure on my JT Just Be Cause column too.
6) Excellent Japan Times feature on dual citizenship in Japan: “Don’t Ask, Don’t Tell” policy leaves many in the dark

GOOD NEWS?
7) Nikkei: Japanese-Brazilians snub Tokyo’s diaspora residency program, attracting exactly ZERO applications after starting 3 months ago
8 ) BBC: Fukuoka Hilton Hotel refuses entry to Cuban Ambassador due to “US sanctions”. J authorities call action “illegal”. How quaint.

HOT DISCUSSIONS ON DEBITO.ORG
9) Nikkei Asian Review: “In rural Japan, immigrants spark a rebirth”. An optimistic antidote to the regular media Gaijin Bashing
10) Senaiho on criminal complaint against Jr High School “Hair Police” in Yamanashi
11) SendaiBen on “Anytime Fitness” Sports Gym Gaijin Carding him, and how he got them to stoppit
12) JT: GOJ Cabinet approves new NJ worker visa categories. Small print: Don’t bring your families. Or try to escape.
13) Surprising survey results from Pew Research Center: Japan supportive of “immigration”

… and finally…
14) Pop Matters.com: Interview with Activist and Writer Debito Arudou on Foreigners’ Rights in Japan