STATEMENT ON THE LAWSUIT AGAINST
JAPAN'S NATIONAL GOVERNMENT
TO BE FILED IN 2006 IN TOKYO DISTRICT COURT
WHEN WE HAVE SOME MORE PLAINTIFFS ON BOARD
BY THE "KUNIBENGODAN"
(NATIONAL LAWSUIT LEGAL TEAM)
Discriminated Against? Become a Plaintiff! Or submit an affidavit!
Version 5, Dated Jan 24,
2006
This text is subject to change without notice, as developments require.
Spokesperson: ARUDOU Debito, Sapporo,
Japan
Contact: debito@debito.org , http://www.debito.org
Information site: http://www.debito.org/kunibengodanenglish.html
Legal representation: HIGASHIZAWA
Yasushi, Attorney at Law
Kasumigaseki-Sogo Law Offices,
Nishi-Shinbashi Aiko Bldg. 4th floor, 1-6-5 Nishi Shinbashi, Minato-ku, Tokyo
105-0003, Ph. 03-3501-2651, FAX 03-3539-3683
Assisting lawyer: SHIBA-IKE Toshiteru, Attorney at Law,
Sapporo Godo Law Offices, Sapporo, Hokkaido
WHO ARE WE?
We, the undersigned, are
long-term non-Japanese residents and/or naturalized citizens of Japan, who
contribute to this society like any other citizen of Japan but are not accorded
equal treatment. We have received separate and unequal treatment on the
basis of our physical appearance, national origin, or ethnicity. Yet Japan's government has not given us
protection against racial discrimination, guaranteed to all people in Japan by
both the Japanese Constitution and by the United Nations Convention on the Elimination of
Racial Discrimination
(CERD), which Japan effected in 1995.
Japan must improve its legal and social
treatment of people it regards as foreigners. Discrimination on the basis of race or physical appearance
affects not only foreign residents, but also Japanese citizens who "look
foreign" (such as naturalized citizens and international children). Despite Japan's internationalization,
including record numbers of immigrants and international marriages, even today
racial discrimination is not illegal in Japan. This irresponsible lack of
laws and protections hinders Japan's inevitable development as a more
multicultural society, which it needs given its low birth rate, aging society,
and dwindling taxation base and domestic industrial workforce.
We, the undersigned, each represent a
related instance of discrimination unchecked by any Japanese laws. We are rallying public support for
establishing legislation against racial discrimination, and for ameliorating
racism in Japanese society.
WHY ARE WE FILING A LAWSUIT?
Over many years, we, in conjunction with
many other members of Japanese society, have tried every other domestic
avenue--administrative, legislative, and judicial, and at all levels of
government--to redress and stop specific abuses of racial discrimination. Although our efforts have not gone
ignored, the fact is that overt racial discrimination in Japan, evident in the
increase in the number of businesses
overtly displaying "No Foreigners Allowed" signs, is getting worse. In one specific case,
described in the book "JAPANESE
ONLY--The Otaru Hot Springs Case and Racial Discrimination in Japan"
(Akashi Shoten Inc. 2004, ISBN 4-7503-2005-6), nothing could force a public
bathhouse named Yunohana in Otaru city to remove its exclusionary signs, and
open its facilities to all customers regardless of race or nationality;
nothing, that is, except a lawsuit.
Subsequently, after four years of
unsatisfactory judgments in the Sapporo District and High Courts, in April 2005
Japan's Supreme Court refused to consider this lawsuit. The Supreme Court let stand their
rulings that a defendant, the City Government of Otaru, was in fact not bound
to follow the UN CERD
treaty. Thus a local government need not take
any responsibility for racial discrimination within its jurisdiction.
This is not only a violation of the CERD, it is also unconstitutional.
When Japan signed the UN CERD treaty (which is
regarded as "superior to domestic law"), it bindingly promised to
"take all measures (including legislation) without delay to bring racial
discrimination to an end."
This lawsuit prompts the national government to keep its promises. When Otaru City disclaimed any
responsibility in court, it argued that as a local government, it technically
never signed the CERD. This is not
an argument the national government can make, of course, which is one reason by
we are taking them to court this time.
Another reason for this
lawsuit is recent legal precedent.
On September
14, 2005, the Supreme Court ruled, in a landmark case concerning overseas
voting rights for Japanese citizens, that the lack of a law upholding
guaranteed constitutional rights is now considered be legally-actionable
negligence by the legislative branch. (See this also in Japanese, Asahi
Shinbun, Sept 15, 2005, top story). Only a year beforehand, in the Otaru
Case, the High Court had ruled that the lack of a law (i.e. against racial
discrimination) was not legally actionable, as it would constitute a violation
of the separation of powers (i.e. the judicial branch forcing the legislative
branch to pass laws). This new
ruling now establishes the legal basis of this suit.
WHAT
IS OUR EVIDENCE OF RACIAL DISCRIMINATION IN JAPAN?
Each plaintiff cites specific
discrimination by race or national origin which he or she has suffered in
Japan. As of October 2005 we have divided this lawsuit into two
"waves", with half of our plaintiffs filing suit at different times
depending on the complexity of their case.
THE LAWSUIT'S "FIRST WAVE" is one of simple exclusions—by bars,
restaurants, realtors, public facilities, etc. We need these cases to be as "simple" (meaning
uncomplicated by labor disputes, contracts, divorces, other complicating
factors that would enable a judge to wriggle out of ruling on the racial
discrimination of the case, i.e. "it's not a issue of racism, it's just a
hiring practice, which is at the employer's discretion" etc.). Best thing is getting refused at a
place with a sign up saying "JAPANESE ONLY" etc., where it is clear
that the only reason for the discrimination is because the person looks
non-Japanese.
We
would like a minimum of ten plaintiffs.
We have three so far:
1. ARUDOU Debito, of Sapporo, cites his years of being refused
service as a "foreigner"--despite having Japanese nationality--at
many different types of private-sector businesses nationwide open to the
public.
2. Douglas SHUKERT, of Sendai, cites his years being barred from
tax-funded regional and national sporting events (the Kokutai) and leagues, on the basis of his being
foreign. His case went all the way
to Japan's Supreme Court for rejection.
(See Japan Times June 12, 2004 article on his case at http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?nn20040612b3.htm, and information site at http://www.debito.org/TheCommunity/kokutaiproject.html
)
3. PLAINTIFF THREE wishes to remain anonymous from press reportage, but
cites his experience of being refused entry into a private-sector business in
2004 due to his foreign appearance.
Others are welcome to
join, even remain anonymous if they prefer (their names will of course appear
on court documents; the media will just enforce a moratorium on making your
name public).
Costs are negligible as well (about 30,000 yen for filing--that's
all!), so there is little to no downside. Or if you don't want to
go even that far, you can submit an affidavit (anonymously if you
prefer) stating what happened to you (ex. when and where you were
refused an apartment to rent). Please consider it? The more
people we have as plaintiffs representing a wide spectrum of
discrimination, the more likely we'll be able to convince a judge to
rule that something should be done about it by Japan's lawmakers.
THE LAWSUIT'S "SECOND WAVE" involves more complex cases of discrimination. People on labor contracts designed
to keep foreign educators easily fireable. Non-Japanese educators who denied tenure, promotion,
full-time work, or even a steady job because they are foreign. Or any other situation where you can
make a reasonable argument that you are denied equal treatment due to your
race, nationality, national origin, or any
reason defined as "racial discrimination under the UN CERD
Others are welcome to
join, even remain anonymous if they prefer (their names will of course appear
on court documents; the media will just enforce a moratorium on making your
name public).
OTHERS
WHO WISH TO JOIN THIS LAWSUIT AS PLAINTIFFS are encouraged to contact Arudou Debito at debito@debito.org . We will need your deposition outlining
the facts of your case (i.e. a full description of the whos, whats, wheres, and
whys). If it's a straightforward case of a refusal by a business
offering service to the general public, then please join the First Wave, please. If it is a contract dispute or
something more complicated, please join the Second Wave (filing date TBD). It would also help if you got a lawyer
involved, so see how to
here. If it's a labor issue,
please consider joining a labor union (see how to here) to help
represent you as well. Contact us
first, anyway, and tell us your case.
FOR MORE INFORMATION:
Information on legal and
societal barriers to Japan's foreign residents, which we hope to help resolve
through this lawsuit.
http://www.debito.org/handout.html
What's it like to sue in
Japan? Read Arudou Debito's book JAPANESE
ONLY (Akashi Shoten Inc. 2004, revised 2006, ISBN 4-7503-2005-6), available for order at:
http://www.debito.org/japaneseonly.html
Information on previous, relevant lawsuits:
Otaru
Onsen Lawsuit (2001-2005):
http://www.debito.org/otarulawsuit.html
Kokutai Sports Festivals Lawsuit (2002-2004):
http://www.debito.org/TheCommunity/kokutaiproject.html
Ana
Bortz Lawsuit, Hamamatsu, Shizuoka
(1998-1999):
http://www.debito.org/Bortzpressconf.html
Gallery of exclusionary businesses
throughout Japan:
http://www.debito.org/roguesgallery.html
United Nations Special Rapporteur
Doudou Diene visits Japan in July 2005, and calls discrimination here
"deep and profound":
http://www.debito.org/rapporteur.html
Reports from United Nations and from
Japan's Prime Ministerial Cabinet in 2000 state the necessity of
increasing immigration to Japan:
http://www.debito.org/A.html
Some people say Japanese don't sue. Quite wrong--millions of Japanese sue every year! See a Japan Times article on this, and discover what sort of people seek social justice in Japan. You'd be in quite good company!
More on the history of the
Kunibengodan, it's structure, and more thorough legal arguments and treaty
citations available at:
http://www.debito.org/oldkunibengodanenglish.html
Would
you like to become a Supporter of the Kunibengodan? It
costs nothing—you can add your name in to a list, available at:
http://www.debito.org/oldkunibengodanenglish.html
Of course, if you WOULD
like to donate a little something, we would be very appreciative. Bank account details (sent from
anywhere in the world) are at:
http://www.debito.org/lawsuitdonations.html
(This is an old
account for the Otaru Onsens Lawsuit, but that case is finished and the funds
will be pooled.)
In sum, Japan is becoming an international society. However, if the present situation is not changed to make
racial discrimination an illegal, punishable activity, many people, including
Japanese citizens, will suffer.
Though this lawsuit we hope to raise awareness of the issues, and bring
about positive change to make Japanese society a better place to live for all
residents regardless of race, ethnicity, or national origin.
[END]
This text is not
finalized, and is subject to change without notice.
