"THE COMMUNITY"
ISSUES AND PROPOSALS
CONCERNING NON-JAPANESE IN JAPAN
(WITH SUBSTANTIATION AND LINKS)
This document may be reproduced and distributed freely as long as it is earnestly used, not altered, and not quoted out of context.
Version 3.24
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NEWS FLASH: CLICK HERE TO JUMP DIRECTLY TO THE SEALION TAMA-CHAN JUUMINHYOU ISSUE

The following list was developed principally through an informal mailing list/action network called "The Community" (http://www.debito.org/TheCommunity), with substantial help from members of other organizations including United for a Multicultural Japan (UMJ) (http://www.tabunka.org), Issho Kikaku (http://www.issho.org), and The New Observer (http://www.twics.com/~anzu). Knowledgable and substantiated contributions from anywhere are welcome. (See more at Apologia below)


TOPICS THAT WE FEEL ARE WORTHY OF YOUR ATTENTION

are put in outline immediately following as an eye-saving measure. These are all topics dealing with discrimination towards people due to race or national origin. Click on any heading between the -- -- to page down.


APOLOGIA -- IN HOUSING -- AS CONSUMERS -- IN ACADEMIA -- IN GENERAL EMPLOYMENT -- IN FINANCING AND CREDIT --IN CUSTOMER SERVICE -- IN RESIDENCY REGISTRY (JUUMINHYOU) -- IN NATURALIZATION -- IN BLOOD REQUIREMENTS FOR CITIZENSHIP -- IN IDENTITY CARDS -- IN GOVERNMENT EMPLOYMENT -- IN PUBLICIZED IMAGES --IN POLICE TREATMENT -- IN POLITICAL PARTICIPATION -- IN DETENTION CENTERS -- IN ACQUIRING PERMANENT RESIDENCY (EIJUUKEN) -- NACENT ISSUES (contributions welcome)

GROUP ACTION SUCCESS STORIES (Otaru Onsens Lawsuit punishes "racially discriminating" bathhouse, Nakano-ku Banks and Stations, Shiga-Ken Discriminatory Public Housing, Fingerprinting abolition, UN Treaty protection, Otaru bathhouse improvements, Otaru Lawsuit, Issho Kikaku UN Reports, Illegal worker compensation, Civil Servant promotion, apologies from various recipients of Community communications)


- APOLOGIA:
Today, Japan is one of the world's great economic superpowers. Since the mid-1980s, as a natural reflection of this fact, an increasing number of foreign residents have come to work, and live, in Japan. It is only natural, again, that they should become part of a vibrant multicultural society, but the unfortunate fact is that significant barriers remain to the attainment of this ideal. This URL describes some of these problematic issues, and presents constructive proposals for improving the situation.

What follows is a list of topics we would like to address as The Community. Knowledgable and substantiated contributions from anywhere are welcome. Improvements that have taken place thanks to the actions of other communities and concerted efforts by individuals are listed below, link here.

In sum, The Community would like to act as a forum and a bulletin board for those who want to take small steps towards making Japanese society easier for everyone to live, regardless of nationality. If you have taken some steps as an individual or a group to address a local problem, tell us about it. Write up the problem, the measures taken, and the result, if apparent. We can all learn from each other. Larger and more serious concerns can also be brought up at sister organization United for a Multicultural Japan (UMJ).


- HOUSING DISCRIMINATION
It is an unfortunate fact that significant discrimination against non-Japanese nationals exists in the area of housing. At times, this discrimination can vary according to the nationality, race, job, or perceived status of the potential tenant, but the fact remains that there are still magazines today which advertise housing with special marks, such as "no pets," "no pianos," and, yes, "no gaijin." This is a significant issue because, unlike some other services, housing constitutes a fundamental human right under the Universal Declaration of Human Rights. At present, there is no law in Japan banning such discrimination.--Jens Wilkinson (anzu@twics.com)

To address and redress this, we are seeking assistance from The Community for substantiation. Names, address, contact details, and photographs of discriminating realtors etc. are welcome as links from this page. Please contact any member of The Community for more details.

For example:


- NON-ADMITTANCE TO JAPANESE STORES, ONSEN, RESTAURANTS, AND OTHER ENTERPRISES
There are some establishments, both public- and private-sector, which have either a tacit (i.e. cold-shoulder or wantonly-bad-service approach) or an active (exclusionary signs on the door) policy against non-Japanese patronizing their premises. While public-sector establishments cannot legally do this to taxpayers (cf. link #1 below and page down to the Azuma-mura pool case, 1998), private-sector businesses (such as onsens in Otaru) have been able to get away with a lot more because of a lack of clear legal framework (there are no laws in the Japanese lawbooks explicitly barring discrimination by race or nationality) and the handwringing of noninterventionist bureaucrats. However, as of October 12, 1999, a landmark case in Hamamatsu City ruled that a Brazilian woman thrown out of a jewelry store was able to claim 1,500,000 yen in damages under international treaty. Read all about it at the Link #1 below. Moreover, as of Oct 31, 2000, even a naturalized Japanese, such as the author of this segment, has been refused entry to Yunohana onsen in Otaru, on the grounds that "customers will still think you are foreign and stop coming here". Which means that this discrimination is no longer a matter of nationality--instead one clearly of race. Consequently, as of Feb 1, 2001, Arudou Debito and two other plaintiffs as individuals have brought a lawsuit against Yunohana and the City of Otaru for racial discrimination and negligence in Sapporo District Court. See Link #2 below. And a report made to the UN by Issho Kikaku on the domestic situation in general is at link # 3 below.

There are certainly lots more cases which need to be documented under substantiation below. Substantiated contributions welcome.--Arudou Debito/Dave Aldwinckle (debito@debito.org)
LINK: http://www.debito.org/lawsuitbackground.html
LINK: http://www.debito.org/photosubstantiation.html
SUBSTANTIATION: Lots of it at the above two links. Other Cases to be catalogued by The Community upon receipt. For example:


- DISCRIMINATION IN ACADEMIA
As has been documented in Ivan Hall's book CARTELS OF THE MIND, there is an institutionally well-defined separate-but-unequal system for employing non-Japanese full-time in Japan's university system Under this, almost all foreign academics are effectively employed as part-time, contracted, non-tenured, easily-dismissable workers. Japanese, on the other hand, almost always enjoy tenure from day one of full-time hiring. Japan is the only OECD country which does anything even remotely like this. There is a wealth of information on this subject below (for starters)--Arudou Debito/Dave Aldwinckle (debito@debito.org)
LINK: http://www.debito.org/activistspage.html#ninkisei
SUBSTANTIATION: List of discriminating universities at http://www.debito.org/blacklist.html


- DISCRIMINATION IN EMPLOYMENT GENERALLY
This includes lack of bonuses, unpaid work, sweatshop conditions within the 3K laborforce, and other problems relating to working conditions unequal to Japanese workers. Still in drawing-board mode. Substantiated contributions welcome.


- DISCRIMINATION IN CREDIT CARDS, BANK ACCOUNTS, ETC.
Some financial institutions will refuse loans, even credit cards to foreigners for no other reason but the fear they might skip town and leave behind a pile of debt. This intimation is unfair and deserves attention. We have substantiated cases below:


DISCRIMINATION IN CUSTOMER SERVICE
Some businesses treat non-Japanese differently than Japanese, despite both being yen-paying customers vital to a company's balance sheet. Regardless of nationality, raising customer complaints is a normal social activity, and if requests for better service prove to fall on deaf ears, people deserve to know so they can consider taking their money elsewhere. (NB to maintain balance: For the record, I personally am not in the habit of decrying "discrimination" every time a waitress turns to a Japanese face to confirm my lunchtime order. However, I do believe that if a business decides, even after a request to desist, to systematically treat customers they consider foreign adversely, there are grounds for legitimate social complaint)--Arudou Debito/Dave Aldwinckle (debito@debito.org)


- RESIDENCY REGISTRATION: THE JUUMINHYOU ISSUE
Believe it or not, foreigners resident in Japan are not actually "residents" (juumin) like Japanese are, for they do not have "Residency Certificates" (juuminhyou). Why? They do not have a Family Registry (koseki) like Japanese citizens do; simple as that. Despite all foreigners here being taxpayers--many as permanent residents and heads of households, foreigners are officially invisible not only on their own behalf, but also on their spouse's. Their Japanese conjugal partner receives not only a koseki that refuses to list a foreigner as their "spouse", but also a juuminhyou that says nothing at all about the marriage even existing. More details on abuses of this system within the substantiation link below, but the point is this: No other OECD country requires "citizenship" for "legal residency", let alone formal distinction as a "spouse". The juuminhyou system as it stands now is another way of not only disenfranchising, but also humiliating, non-Japanese residents, and as such little befits a modernized country.--Arudou Debito/Dave Aldwinckle (debito@debito.org)
LINK: http://www.debito.org/residentspage.html#juuminhyou

NEWS FLASH: "Celebrating Sealion 'Tama-chan's' newfound residency status". Yes, a sealion received an honorary Juuminhyou from the Yokohama Nishi-ku Ward office in February 2003--despite taxpaying foreigners ineligible for one themselves. LINKS:


- PROBLEMS WITH ACQUIRING JAPANESE NATIONALITY
Taking out citizenship is not easy in any society, and there is a pretty hefty paper chase. However, Japan puts up some pretty arbitrary hurdles, including officials coming to your house to see how Japanized you, your children, and your refrigerator contents are, asking your neighbors how "Japanized" they feel you are, and taking years and years (minimum one year) to deliberate before handing down a decision; reportedly you pass if Ministry of Justice officials have no "feeling of incongruity" (iwakan) about you. Fine, but even speeding tickets have been adequate justification in some cases for refusal, and decisions are not subject to entreaty, appeal, or justification. One additional and large hurdle is that Japan also refuses to allow dual citizenship, the only OECD country (since as of April 1, 2000, Germany has revised its laws) that does, making many, including the Japan-born ethnic Koreans and Chinese etc., adverse to taking the plunge.--Arudou Debito/Dave Aldwinckle (debito@debito.org)
LINK: http://www.debito.org/residentspage.html#naturalization


- PROBLEMS OF THE JAPANESE NATIONALITY SYSTEM FOR ETHNICITIES OR INTERNATIONAL FAMILIES
By Japanese law, you must have Japanese blood to automatically receive Japanese citizenship (hence "jus sanguinis"). This means that children, even if they are born in Japan, are not automatically Japanese citizens. This is particularly discriminatory to ethnic Koreans, Chinese, etc. who have been here for several generations and would in almost any other OECD system be legally assimilated. Also, children of international marriages must choose one nationality between the ages of 20 and 22, which is an unnecessary ordeal of identity and, again, unusual in the developed world: Japan and Germany are the only OECD countries which still have these laws, and even Germany as of April 1, 2000, has rescinded the ban on dual-nationality.--Arudou Debito/Dave Aldwinckle (debito@debito.org)
LINK: http://www.debito.org/residentspage.html#naturalization


- REQUIREMENT TO CARRY ALIEN REGISTRATION CARDS AND CONSEQUENT POLICE HARASSMENT
As you might (or should) know, foreigners are required by the Foreign Registry Law (Gaikokujin Touroku Hou) of 1952 to carry credit-card-size Alien Registry Cards with them at all times--or face arrest. The law also states that police can stop any foreigner at any time without any suspicion (which they legally cannot do to Japanese without "sufficient reason" (soutou na riyuu) under the Shokumu Shitsumon Shikkou Law). This has created cases of singling-out and harassment of foreigners in public places (cf link below), and impends future nastiness when international children who are Japanese citizens start getting stopped on looks alone. See the letter of the law and specifically what to do about it at the link below.--Arudou Debito/Dave Aldwinckle (debito@debito.org)
LINK: http://www.debito.org/activistspage.html#checkpoints
WHERE TO LODGE A COMPLAINT IF THE POLICE OVERDO IT:
LINK: http://www.debito.org/arrestperiods.html


- WORKING FOR GOVERNMENT
There is actually no law prohibiting foreigners for working as civil servants, at least in local governments, but the fact is that the so-called "Nationality Clause," a directive issued in 1953 by the Ministry of Home Affairs, has effectively barred foreign nationals from such employment. In recent years, however, the situation has begun to change. Today, a handful of local governments around the country, in particular Kawasaki City, have made it clear that they will no longer follow the so-called "Nationality Clause." Though the number of local governments is small, it seems probable it will increase in the future. --Jens Wilkinson (anzu@twics.com)
LINK: http://www.debito.org/ninkiseiupdate1hiring.html


- PUBLICIZED IMAGES OF NON-JAPANESE IN JAPAN
Foreigners often get a bum rap in Japan. For example, there has been lots of talk in the Japanese Diet, within the vernacular press, and within police circulars about the foreigner "crime wave" within Japan. The truth is, from various mislaid sources, that although the incidence of crimes committed has gone up in places, the proportion of crimes committed by non-Japanese, as opposed to Japanese, might NOT be higher. This is not what the conventional wisdom would have you believe in places like Hamamatsu City, with their cautionary police notices, and it is being used as justification for, say, barring non-Japanese from entry to stores. We are seeking substantiation for this either way.--Daniel Walsh (walsh@hagoromo.ac.jp).
We are also looking for other publications with overgeneralizing stereotypes that ought to be discouraged--in the name of better cross-cultural study and more accurate social science. See Link #2 below--Arudou Debito/Dave Aldwinckle (debito@debito.org) .


- THE JAPANESE POLICE AND THEIR METHODS OF TACKLING "FOREIGN CRIME"


- POLITICAL PARTICIPATION
Foreign residents in Japan are just beginning to gain the right to political participation. In 1995, for instance, a Korean resident named Lee Young Hwa, a lecturer at Kansai University, applied to run as a candidate in the Upper House election held that summer, under the flag of the Foreign Residents' Voting Rights Party (Zainichito). He lost his case however. In the years since then, however, advisory boards have been set up in several areas. First, in 1997, Kawasaki City established an advisory council for foreigners, and Tokyo followed suit in 1998. The issue of suffrage for long-term residents is still not a decided issue, however. In February 1995, the Supreme Court issued a historic ruling that while the Constitution does not automatically give foreign residents the right to vote, neither does it prevent them. In essence, the Supreme Court decided it was a political issue, to be decided by the legislature. At present, various bills are being considered, and while Japan's largest party, the Liberal Democratic Party, is split on the issue, most of the opposition parties favor the right of foreign residents to vote in local elections.--Jens Wilkinson (anzu@twics.com)


- IN DETENTION CENTERS
In December 1994, a former Immigration Bureau officer named Akiyama Takeshi held a public press conference, revealing the shocking fact that during his employment at the Bureau he had witnessed "routine" beatings of foreigners in detention awaiting deportation. The Immigration Bureau has vehemently denied such allegations, but has taken actions that indicate it is unwilling to let any information come out. For example, in 1994 one Iranian man filed a suit alleging he was assaulted by Immigration officers, but was deported before the trial began. Similarly, a Chinese women filed a similar suit, and -- similarly -- was deported before the trial began. In that case, however, a lawyer managed to get and take photos of her face -- obviously following a beating -- and as a result the Bureau reprimanded one of its officers. Unfortunately, there is no law giving rights to foreigners while they are in such facilities, so it is often difficult to see lawyers, for example. There are Japanese organizations working on the issue, who can respond to enquiries (in Japanese). --Jens Wilkinson (anzu@twics.com)

Also, here is an account of what can go on in detention centers when one is called in for questioning. This is not an example of "non-Japanese" specifically being discriminated against per se, since most people "detained for questioning" may have to endure this regardless of nationality. But given the fact that non-Japanese are being singled out in recent years by Japanese police for criminal suspicion, chances are that this kind of detention will happen to you sooner than it will happen to a regular-looking Japanese. --Arudou Debito (debito@debito.org)


- PROBLEMS WITH ACQUIRING PERMANENT RESIDENCE (EIJUUKEN)
Many immigration decisions in many countries are random and arbitrary. That does not excuse them. There are some obstacles out there to acquiring Japan's version of the Green Card, the Eijuuken. Comparatively, given the duration of time you have to stay in Japan and invisible preferences for particular applicants, Eijuuken are actually harder to get. Anticipate the hurdles.

OTHER ISSUES WORTHY OF THE COMMUNITY'S ATTENTION
CURRENTLY ON THE DRAWING BOARD
(please suggest more to us if you can think of any):

- lack of transparency in Immigration decisions


- Re-Entry Permits (the "gaijin kikoku tax")

- violence against foreigners

- medical problems (such as refusal of admittance to emergency rooms)

- lack of court translation

- foreigners in prisons

- schools and non-Japanese speaking children

- lack of opportunities for political participation

- restrictions against foreigners for government jobs, volunteer activities


Any more issues? Let The Community know.

Just to show you this is not a futile exercise.
EXAMPLES OF SOCIAL IMPROVEMENTS
DUE TO ACTIONS BY COMMITTED
INDIVIDUALS AND GROUPS:


OTARU ONSENS LAWSUIT: SAPPORO DISTRICT COURT DECISION NOV 11, 2002 finds Onsen "Yunohana" bathhouse guilty of "racial discrimination" for excluding all foreign-looking patrons and orders it to pay three foreign-looking Plaintiffs 1 million yen each. (Otaru City, however, was exonerated of Plaintiffs' claims of violating the UN Treaty against Racial Discrimination for not taking effective action against discrimination in its administrative area for several years. The court also held that Japan's administrative branch is not duty-bound to make laws against discrimination.) Full report in English and Japanese here.
NAKANO-KU BANKS AND STATIONS REMOVE DISCRIMINATORY FLYERS ISSUED BY TOKYO POLICE (October 2002) Under a Tokyo-wide campaign by Japanese police to increase public awareness of alleged foreigner crime methods, several public places sprouted "beware bad-foreigner bagsnatchings" and "hold onto your money if a suspicious foreigner calls out to you" notices. On Sept 30, 2002, The Community, in conjunction with several other human rights groups and the Asahi and Mainichi Shinbuns, went around to JR Nakano, Subway Nakano Sakaue, and the Nakano Branches of the Chuo Mitsui Shintaku Bank and Daiwa Securities, to hear their side and explain ours. The discriminatory notices came down within 24 hours, demonstrating how community activism can indeed produce positive outcomes. Pity there are plenty more places left. Report in English and Japanese here.
NTT DOCOMO AMELIORATES ITS 30,000 YEN DEPOSIT REQUIREMENT FROM ALL NON-PERMANENT RESIDENT FOREIGNERS (April-September 2002) NTT Docomo, Japan's largest cellphone carrier, quietly announced on April 1, 2002 that it would require a 30,000 yen refundable deposit from foreigners (Japanese citizens and foreigners with Permanent Residency were exempted). On June 20, UMJ and The Community's coordinators Imtiaz Chaudhry and Arudou Debito visited Docomo's Tokyo HQ to protest this policy as discriminatory (click for Aug 29, 2002 Japan Times article on this meeting, and more background on the case). The action seems to have had an effect. In August, Docomo announced that from September 2002 anyone with a credit card, including those holding overseas-issued Visas and Mastercards, can now rent without the deposit. Unfortunately, it is a qualified improvement, as Japanese without credit cards still do not have to pay the 30,000 yen, while foreigners (those who try to get a credit card in Japan are usually refused--see above) still do.


SHIGA-KEN EXCLUSIONS OF FOREIGN TAXPAYERS FROM PREFECTURAL HOUSING CASE (1994-2002) Shiga-Ken, the prefecture surrounding Lake Biwako and adjacent to Kyoto, required all applicants for prefecturally-run housing to have Japanese language abilities (determined on the spot by bureaucrats at the counter, regardless of whether the applicant brought an interpreter). The reason for excluding fellow taxpayers from public housing? "Foreigners who don't speak Japanese cause trouble with the neighbors." The Mainichi Shinbun made this public on July 10, 2002, and literally hours later, Shiga Governor Kunimatsu ordered a revision of the policy. A prime example of how activist groups (not The Community in this case, but NIBRA), the mass media, and people power can combine to right social wrongs.
LINK: http://www.debito.org/TheCommunity/shigakendiscrim.html


ABOLITION OF FOREIGNER FINGERPRINTING REQUIREMENT (1999, effective April 2000)
Once foreigners had to be fingerprinted on a regular basis like petty criminals in Japan. No longer, thanks to community action by non-Japanese in Japan. Read what happened as a model of the way social change can be effected by outsiders.
LINK: http://www.debito.org/activistspage.html#fingerprinting


COURT RULING: FOREIGNERS PROTECTED AGAINST DISCRIMINATION BY INTERNATIONAL TREATIES (1999)
Japanese courts have generally ruled that domestic law overrides other legal obligations incurred by signing international treaties. Now for a significant exception: In the Ana Bortz Case in Hamamatsu City, Shizuoka Regional Court ruled that The International Convention on the Elimination of All Forms of Racial Discrimination, which Japan ratified in 1996, held jurisprudence in Japan. This is very hopeful for foreigners being thrown out of private enterprises merely for being foreign. Read all about it at:
LINK: http://www.issho.org/BENCI.html#anabortz


EXCLUSIONARY ONSENS IN OTARU RESCINDING THEIR "NO FOREIGNERS ALLOWED" POLICIES (1999-2000).

Despite being a tourist town dependent on revenue from visitors, Otaru City, Hokkaido, has some bathing institutions which refuse entry to all people who look foreign, putting up signs like the above saying "JAPANESE ONLY". After substantial community action and publicity, some of the onsens have actually been shamed into taking those signs down and admitting non-Japanese. See substantiation, reports, and details at:
LINK: http://www.debito.org/otarulawsuit.html
LINK: http://www.debito.org/photosubstantiation.html


"JAPANESE ONLY" ONSEN "YUNOHANA" AND THE CITY OF OTARU ARE TAKEN TO COURT FOR RACIAL DISCRIMINATION AND NEGLIGENCE UNDER UN TREATY (2001-)

After sixteen months of negotiation with the onsens, the public, and all levels and branches of government via Issho Kikaku (which is not a party to this lawsuit), three individuals (one German, one American, and one a naturalized Japanese) decided to sue one egregious Otaru onsen ("Yunohana") for, inter alia, violation of Article 14 of the Japanese Constitution, and the City of Otaru, for negligence under the UN Convention on the Elimination of Racial Discrimination.

Full details in English and Japanese:
LINK: http://www.debito.org/otarulawsuit.html


NGO ISSHO KIKAKU'S REPORTS TO THE UNITED NATIONS ON ISSUES OF DOMESTIC DISCRIMINATION (2001)
LINK: http://www.issho.org

COURT RULING: EVEN ILLEGAL FOREIGNERS ARE ELIGIBLE FOR ON-JOB-INJURY COMPENSATION (1997)
LINK: http://www.debito.org/gaijinrightsupdate.html


LOCAL RULING: FOREIGNERS ARE ELIGIBLE FOR PROMOTION IN CERTAIN REGIONAL CIVIL SERVICES (1996)
LINK: http://www.debito.org/ninkiseiupdate1hiring.html

PROGRESS
PUBLIC APOLOGIES FROM VARIOUS PARTIES CONTACTED BY THE COMMUNITY ABOUT SOCIAL PROBLEMS

(Kanji Textbook, NHK on Nihonjin no Shitsumon, Hokkaido Bank, AIR-DO Airlines)

(Last Updated March 2003)

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