NYUU YOKU TIMES
MAY 23, 2000
By Dave Aldwinckle, Issho Kikaku BENCI Project Hokkaido Representative)
(The original forum for this information was Issho
Kikaku. Please note that Issho Kikaku is NOT A PARTY to this lawsuit,
and reference herein to Issho Kikaku should not be construed to assume that Issho
Kikaku has any stance in these matters. Disclaimer
here,)
OTARU ONSENS ETC.:
WHO STANDS WHERE ON THE ANTI-DISCRIMINATION ISSUE:
COMMENTS FROM OFFICIALS AND LEGISLATORS
AT THREE LEVELS OF GOVERNMENT
This post is structured thus (click on any link to page down):
///////////////////////////////////////////////////
1) RESPONSES FOR THE RECORD FROM AUTHORITIES
AND LEGISLATORS IN Q&A FORM
2) TEXT OF COMMENTS FROM OTARU CITY
3) TEXT OF COMMENTS FROM HOKKAIDO GOVERNMENT
4) EXCERPTS FROM REPORT OF ISSHO KIKAKU PRESENTATIONS AT
THE UPPER HOUSE BLDG AND FCCJ
5) WHERE DO WE GO FROM HERE?
6) ADDITIONAL NEW LINKS AND INFORMATION IN ENGLISH AND JAPANESE
///////////////////////////////////////////////////
1) Q&A
Since the issue of enterprises which exclude foreigners appeared in the press from
September 1999, many people in Japanese legislative and administrative bodies have
taken stances for the record. For reader convenience, we present them in Q&A
form. The issue boils down to five questions:
===================================================
Q1: IS THIS DISCRIMINATION?
A1: YES, according to the Otaru City Government in their monthly newsletter, "Kouhou
Otaru" No. 620, April, 2000, pg 6, where they not only say that it is discrimination,
but also racial discrimination:
"Refusing service to all foreigners is discrimination due to race, and terribly
regrettable." (gaikokujin no riyou o ichiritsu ni okotowari suru koto wa, jinshu
ni yoru sabetsu de ari, taihen zannen na koto desu). Click
here.
-------------------------------------------
A1: YES, according to the German and Canadian Embassies in Japan:
"Looking at the traditional and friendly relations between Germany and Japan,
we see this discrimination towards a German citizen based only upon appearance or
nationality as a very serious problem. In the same fashion, the treatment shown is
disadvantageous to citizens of other EU countries in Japan, as well as all foreigners
this case will affect. " (Click here).
"I would like to thank you for bringing to my attention incidents of apparent
discrimination against foreign nationals in Hokkaido onsens... I was disturbed to
hear about the difficulties some foreigners are facing in terms of access to business
facilities, such as onsen." (Canadian Ambassador to Japan Mr Edwards, Click
here)
===================================================
Q2: SHOULD FOREIGNERS BE PROTECTED
AGAINST SUCH DISCRIMINATION BY JAPANESE LAW?
A2: YES, according to the Ministry of Justice, Division for the Protection of
Human Rights, (Jinken Yougobu), which wrote, in a letter to Tony Laszlo of Issho
Kikaku dated October 26, 1999:
"In our country as well, the human rights of non-Japanese are guaranteed by
both the Constitution and by world declarations on human rights, and in addition,
in January 1996, 'The Convention on the Elimination of All Forms of Racial Discrimination'
was issued, which strongly demands that actions be taken up to resolve and eliminate
discrimination based upon race or nationality." (wagakuni ni oite mo, gaikokujin
no jinken ni tsuite wa kenpou oyobi sekai jinken sengen tou de hoshou sarete ori,
kuwaete, heisei 8 nen 1 gatsu, 'arayuru jinken sabetsu no teppai ni kansuru jouyaku'
ga hakkou shi, jinken sabetsu ya gaikokujin sabetsu no kaishou no tame no torikumi
ga tsuyoku mitomerarete imasu)
Full English and Japanese text here.
===================================================
Q3: ARE FOREIGNERS ADEQUATELY
PROTECTED BY JAPANESE LAW?
A3: NO, according to Takeuchi Kazuho, Director of the International Exchange Division,
Otaru City Government, who states in an interview with the Hokkaido Shinbun, May
7, 2000:
"Foreign residents are demanding an anti-discrimination ordinance including
regulations on punishments, but the present situation makes that difficult. Japan
has ratified the Treaty Against Racial Discrimation, but adequate domestic laws have
not yet been established." (zainichi gaikokujin no katagata ga otarushi ni,
bassoku kitei o morikonda jinshu sabetsu teppai jourei no seitei o motomete imasu
ga, jitsugen wa muzukashii to omoimasu. nihon wa jinshu sabetsu teppai jouyaku o
hijun shite imasu ga, kokunai hou no seibi wa mada susunde imasen) (Click
here for page one and page two. Full English
translation of this article under Item 2 below.)
-------------------------------------------
A3: NO, says anchor Watanabe Noritsugu (filling in for Kume Hiroshi), TV Asahi
NEWS STATION, OCT 10, 1999, 10:37 PM:
"In Japan's law books, the Dai-Roppou, in over 5000 pages there are no actual
laws which forbid racial discrimination. In Japan's Constitution there is Article
14, which guarantees legal equality for all, but nothing forbidding racial discrimination."
(Telecast translation at http://www.issho.org/BENCI/bortztvasahi101299.html)
===================================================
Q4: WILL THE JAPANESE GOVERNMENT
CREATE LAWS WHICH WILL ADEQUATELY PROTECT FOREIGNERS?
A4: NO, says the Otaru City Government, via Mr Takeuchi in the abovementioned
May 7 article:
"I think it is premature (jiki shousou) for Otaru to take the lead and establish
an ordinance. It is moreover extremely difficult to clearly stipulate (kitei suru)
behavior as racial discrimination. Otaru City might be able to issue a declaration
(sengen) or an ordinance, which do not provide penalties but outline the goals to
aim for." (otarushi ga senkou shite jourei o seitei suru no wa jiki shousou
to kangaemasu. mata, jinshu sabetsu ni ataru koui o meikaku ni kitei suru no mo hijou
ni muzukashii. bassoku o moukezu, doryoku mokuhyou o shimesu teido no jourei ya sengen
nado wa kanou kamo shiremasen.)
-------------------------------------------
A4: NO, says Otaru City Assemblypeople in face-to-face meetings with Issho Kikaku,
all of whom except the JCP questioned the necessity of passing an ordinance:
-------------------------------------------
A4: MAYBE, says the Otaru Mayor, Yamada Katsumaro:
"I want to study this issue at the administrative level, to determine whether
or not we can make a human-rights ordinance or declaration." (jinken ni kansuru
jourei ya sengen o dekinai ka dou ka, chounai de chousa kenkyuu o susumetai), adding,
"This isn't a problem which the city can solve by making an ordinance."
(shi ga jourei o tsukureba kaiketsu suru to iu mondai de wa nai). (April 28 Mayoral
Press Conference, from Otaru Doshin Apr 29, 2000)
-------------------------------------------
A4: NO, says the Hokkaido Government, in a letter to Tony Laszlo from Hokkaido
Sougou Kikakubu, Kouhou Kouchou Kachou Mr Matsuo, May 1, 2000:
"Some people think that a resolution to the issue via a hastily-made (sessoku)
ordinance would not necessarily be preferable to a resolution via the issuance of
a policy which had the approval of all parties involved. This is why from now on,
we think that it is essential to start asking local cities, towns, villages, and
each concerned party for their cooperation, prudently taking this up with an aim
to resolution."
(tsuite wa, sessoku ni jourei nado no seitei ni yotte nomi kaiketsu o hakarou to
suru koto wa kanarazushimo kaku kankeisha kara sandou o erareru sairyou no saku to
wa ienai no de wa nai ka to iu kangae mo aru tame, kongou mo, jimoto shichouson o
hajime, kaku kankeisha ga renkei o hakari tsutsu, kaiketsu ni muke shinchou ni torikumu
hitsuyou ga aru to kangaete orimasu.)
Page one here and
page two.
===================================================
Q5: IS THIS IN VIOLATION OF
THE INTERNATIONAL CONVENTION FOR THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION
(CERD)?
A5: YES, according to Kawamura Yasuhisa, Division of International Press, Ministry
of Foreign Affairs, in a letter he sent to the New York Times, November 22, 1999,
stating:
"I agree with [Howard French, NYT reporter] that certain discrimination exists
in Japanese society and that it should be rejected in all of its forms. That is precisely
why the judge of the local district court correctly cited Japan's obligation under
the international treaty in making his ruling about the Brazilian journalist. This
is proof that the Japanese judiciary is acting responsibly. The Japanese Constitution
guarantees basic human rights to foreign residents as well basic human rights [sic]
and prohibits discrimination against them. Many laws and regulations also prohibit
discrimination in their respective areas. In labor conditions, for example, the Labor
Standards Law and the Employment Security Law provide equal treatment regardless
of nationality. " (Click
here)
-------------------------------------------
A5: NO, says the Ministry of Foreign Affairs (MOFA) to Lower House Parliamentarian
Kaneda Seiichi (see report under Item 4 within this
post):
"[At ISSHO's presentation of April 20,] Minshu Party MP Kaneda Seiichi, a representative
from Hokkaido,... reported on his discussions with the Ministry of Foreign Affairs
regarding this issue. According to his account, Foreign Ministry officials told Kaneda
in his chambers that, as the cases in Hokkaido involved discrimination between individuals,
they did not necessarily constitute breaches of (CERD)." (Click
here)
[NB: Under this argument, refusing to allow foreigners entry may in fact be a matter
of discrimination between an enterprise and individuals, not between groups, meaning
that the CERD should not apply in the Otaru Onsens Case.]
A5: YES, says the MOFA website (Click
here, see website answer #5, on the question of discrimination between individuals):
"Clause 2 Section 1 (d) stipulates that signatory nations should bring to an
end, and forbid discrimination between individuals, with the goal of bringing about,
without delay and by all suitable means, policies which will eliminate all forms
of racial discrimination and promote understanding between all races... it is understood
that the signatories are obligated to eliminate discrimination between individuals
through suitable means, including the establishment of legal measures on occasions
when creating legislation is appropriate." (...rippou suru koto ga tekitou na
baai ni rippou sochi o toru koto to mo fukume, teiyakukoku ga tekitou to handan suru
houhou ni yori, shijinkan no sabetsu o teppai suru gimu o sadameta mono de aru to
kaisaremasu)
END OF Q&A
///////////////////////////////////////////////////
2) TEXT OF COMMENTS FROM OTARU CITY
(Excerpts of the debate between Dave Aldwinckle of Issho Kikaku and Takeuchi
Kazuho of Otaru City, which appeared in Hokkaido Shinbun on May 7, 2000. Presented
in the same order as in the article.)
SUNDAY DEBATE: THE POLICY SOLUTION FOR THE REFUSAL OF FOREIGN BATHERS:
DAVE ALDWINCKLE: "ESTABLISH AN ORDINANCE AND ELIMINATE DISCRIMINATION"
(jourei seitei shi sabetsu teppai o)
"If you make the rules clear this problem will be resolved. Removing people
who cause nuisances (meiwaku) and do not follow the rules is a matter of course (touzen).
There were undoubtedly people in the past who did not mind their manners, but there
were probably lots who didn't know Japanese customs. If we look at the record of
facilities which refused foreigners, one cannot say that they thoroughly (shikkari
to) explained the rules. Even if there was a language barrier, they should have been
able to able to respond with flyers in foreign languages which explained bathing
customs.
"Leaving this problem alone worries me that this movement (ugoki) will expand
into other business sectors. As we recently surveyed in Wakkanai, we found out that
a bathhouse, a sports shop, and even a barber shop is refusing service to foreigners.
Which means that things are happening just as we feared.
"I appraise Otaru City's efforts to launch various policies to deal with this
situation. However, I am a bit uncertain as to how effective they will be; it is
noticable how unprepared (fubi) things are, where not a single employee in the city's
international communications staff speaks Russian. The City government says that
it is necessary to raise the awareness of citizens in these matters, but when might
that come true? It might not change after even a hundred years. But foreigners being
kicked out are suffering (kurushindeiru) now.
"This is why we are demanding that the Otaru City and the Hokkaido Governments
establish an anti-discrimination ordinance. In Article 14 of the Constitution it
is clearly stated that one shall not be discriminated against by race or gender,
and in a Japan which has ratified the International Convention on the Elimination
of Racial Discrimination, refusing foreigners like this is against the law. It has
been pointed out that established laws (houseibi) have not progressed far enough
yet, but it is essential for self-governing bodies (jichitai) to take the lead (sossen
suru) and make the effort to find solutions.
"I don't think the Otaru bathing facilities are racists (jinshu sabetsu shugisha).
I know they are in a dilemma with the fear of how their customers will react. So
if an ordinance is passed, it would become easier for the facilities to explain to
their users, 'It is illegal not to, so we are going to let in foreigners'.
"Japan's declining child base (shoushika) has been drastic, and there will come
a time in the future when Japan must accept huge numbers of foreign laborers. Japan
as a country using foreigners but not giving them service engenders nobody's respect.
I think that 'foreigners not allowed' will eventually be a minus for Japan."
===================================================
TAKEUCHI KAZUHO: "IT IS HARD TO HARMONIZE THE EMOTIONAL ASPECTS"
(kanjoumen no yuuwa wa muzukashii)
"I feel it most regrettable that for Otaru, a city which aims to become an international
city, the image of 'racial discrimination', as reported in overseas media, has spread
to the whole world.
"Every year many Russian ships dock in our harbor. With close to 30,000 Russian
sailors a year spending money here, they hold a regular (ittei) share of our economy
and we cannot ignore them. So it is a problem if these people cannot get service.
"In addition to giving notice to the bathing facilities that they should make
steps in the right direction (genjou kaizen o moushi ireteiru), the City has distributed
flyers in English, Russian, and Japanese explaining bathing customs to Russian sailors
via shipping agencies and Customs officials. We are also continuing an administrative-level
24-hour emergency service in case there is trouble at bathhouses.
"Moreover, we want more city citizens to think about human rights, so we put
an summary of the issues on the City webpage and printed two special articles in
the Otaru Kouhou. There has been some progress ridding signs of discriminatory language,
but it looks like it will take time to resolve this problem.
"I never expected that Otaru as a whole would be seen as exclusionary, but some
citizens do have bad impressions of Russians as 'frightening' or 'shoplifters', etc.
According to the bathhouse managers, some customers have said, 'The very act of bathing
with a foreigner is objectionable' (gaikokujin sono mono to nyuuyoku suru no ga iya
da). This seems to be especially strong with older people. It is true that people
don't always give all that warm a welcome to Russians, and as long as this feeling
remains so will the problem. We can currently find no decisive answer.
"Foreign residents are demanding an anti-discrimination ordinance including
regulations on punishments, but the present situation makes that difficult. Japan
has ratified the Treaty Against Racial Discrimation, but adequate domestic laws have
not yet been established. I think that for Otaru to take the lead and establish an
ordinance is premature for the times (jiki shousou). It is also extremely difficult
to clearly stipulate (kitei suru) behavior as racial discrimination. Otaru City might
be able to issue a declaration (sengen) or an ordinance which do not provide penalties
but outline the goals to aim for. From now on, City Hall as a whole plans to discuss
this."
Original articles in Japanese, page one here
and page two
END OF MAY 7 DOSHIN ARTICLE.
///////////////////////////////////////////////////
3) TEXT OF COMMENTS FROM HOKKAIDO GOVERNMENT
Hokkaido Government
Kita 3 Jo, Nishi 6 Chome, Chuo-ku, Sapporo, 060-8588 Japan
Phone 011-231-4111
Thank you very much for offering your opinion on "Teian no Hiroba". As
I am in charge of the Public Relations (Kouhou Kouchou) Section, please allow me
to answer you, Mr Laszlo, about the problem with limitations on entry (nyuujou seigen)
for foreigners in bathing facilities.
Most bathing facilities do not put limits on foreigner entry, but a very small number
(goku ichibu) do so with signs saying "Japanese Only" in foreign languages.
We understand that in Hokkaido, there are many foreigners who have lived here a long
time, work, pay taxes, marry Japanese and raise families. We understand that many
have naturalized, and that all these people are excluded. This is very problematic.
On the other hand, as for managers of the facilities, after understanding that both
a portion (ichibu) of ill-mannered foreigners exist and local customers (jimoto no
riyousha) have their own needs, it is a reality (genjitsu) that at the present time
these facilities have adopted these managerial rules in order to maintain their business
livelihoods.
In these localities, there are concerned people cooperating to resolve this, distributing
pamphlets to those bathers with bad manners.
Moreover, it is delineated in the Public Bathhouse Law (Koushuu Yokujou Hou) Article
5 Section 1, "Bathers at Public Bathhouses may not make bathhouse water remarkably
(ichijirushiku) dirty, or commit other acts with the danger of causing damage to
public sanitation (koushuu eisei ni gai o oyobosu osore no aru koui)", and in
Section 2, "In cases where people commit the aforementioned acts, the managers
or administrators of the Public Bath must check or put a stop to it (seishi)".
Thus managers must carry out explanation and guidance (shidou) towards bathers with
bad manners, regardless of nationality, for the sake of public sanitation.
This is why we getting the affected bathhouse owners to display posters explaining
Japanese commonsensical (joushikiteki) bathing manners. Also, we plan to we have
plans to make posters for managers affiliated with the union of Hokkaido Public Baths
Department of Public Sanitation (hokkaidou koushuu yokujou gyou kankyou eisei dougyou
kumiai kamei), listing bathing practices in Japanese and foreign languages. We are
also thinking about cooperating with concerned unions (tougai no kumiai) to raise
common knowledge (shuuchi) about the issue.
In addition, local public servants as a whole are continuing to raise resident awareness
(ishiki kaikaku) through friendship parties (kondankai), but with the degree of mixed
feelings (kanjou no motsure) and the many facets of this problem, there are many
things which require time. This is a very delicate problem, so we think it is necessary
to resolve things prudently (shinchou ni).
Some people think that a resolution to the issue via a hastily-made (sessoku) ordinance
would not necessarily be preferable to a resolution via the issuance of a policy
which had the approval of all parties involved. This is why from now on, we think
that it is essential to start asking local cities, towns, and villages, and each
concerned party for their cooperation, and prudently (shinchou ni) take this up with
an aim to resolution.
At the present time, with the eruption of Mt Usu [in early April], there is a huge
jam (fukusou) of business. We are very sorry that our answer was so late. With the
state of Mt Usu, one never knows when a dangerous eruption might start, while refugees
still remain displaced. We cannot be negligent, so all of our agencies (zencho) are
currently dealing with this situation.
Although it is said that spring is coming, the weather continues with a wide range
in temperatures, so please, Mr Laszlo, take care of your health.
Hokkaidou Sougou Kikakubu Seisakushitsu
Kouhou Kouchou Kachou Matsuo Akifusa?
Answer dated May 1, 2000
(Issho Kikaku letter was sent to Hokkaido Government February 15, 2000)
Page one here and
page two
TEXT OF ANSWER FROM HOKKAIDO GOVERNMENT ENDS
///////////////////////////////////////////////////
4) REPORT OF ISSHO KIKAKU PRESENTATIONS AT THE
UPPER HOUSE BLDG AND FCCJ
Report on ISSHO Kikaku's 4/20 presentation concerning the problem of private business
that exclude foriegners
(List of discussants, attendees, and links to the original Japanese version here)
a) Summary
On April 20, 2000, from 11am to 1 pm, Issho Kikaku (http://www.issho.org , Representative:
T. Laszlo), an NGO researching multiculturalism in Japan, hosted a seminar at Japan's
Parliamentary Upper House, Tokyo, regarding exclusionary practices towards non-Japanese.
From 3pm on the same day, the group held a press conference at the Foreign Correspondents'
Club of Japan. At both events, case reports were given on ongoing discriminatory
practices on the part of businesses in various parts of Japan (including, but not
limited to: Otaru and Wakkanai in Hokkaido, Hamamatsu City in Shizuoka and Naha in
Okinawa), where private-sector facilities have been refusing entry to foreign residents.
Through the presentation, ISSHO Kikaku made an appeal for the establishment of anti-discrimination
laws and local ordinances which would prohibit the exclusionary business practices.
The group also released a statement regarding the April 9th remarks made by Tokyo
Governor Ishihara to Japan's Self Defense Forces (in which he warned that foreign
residents of Tokyo would probably riot during the aftermath of an earthquake and
requested that the SDF be prepared for such occurrences). Through the declaration,
ISSHO Kikaku appealed to Japanese voters to elect leaders who did not harbor racist
ideas. Nine speakers gave presentations at the event which was attended by three
Parliament members (two of whom also spoke). Also in attendance were five secretaries
of Parliamentarians and one Assembly member of Koganei City Assembly (Tokyo). The
two presentations were covered by approximately thirty members of the press.
b) Brief on the proceedings of the Upper House presentation
Ana Bortz, a resident of Hamamatsu and member of ISSHO Kikaku's Benci Project, started
the event off with a report on the current situation in her city. [Ms. Bortz won
a claim for compensation in October 1999 against a jewelry store owner in Hamamatsu.
In this case, the judge ruled that the shop owner's attempt to evict her from the
shop (June 1999) - due to her being Brazilian - contravened the Convention for the
Elimination of all forms of Racial Discrimination.] According to Bortz, a number
of Hamamatsu restaurants and shops currently forbid entrance to foreigners. Bortz
then introduced a case in which a bus driver urged passengers to watch their bags
because a Brazilian woman had gotten on the bus; the woman, who understands Japanese,
no longer rides the buses for fear of being insulted again. She cited another case
in which Brazilian children kept their nationality secret from the school they were
attending, in order to avoid being discriminated against. In closing, Bortz described
two other cases (one from Iwata City and one from Kakegawa City) in which applications
made by Brazilian families for public housing were rejected, after neighbors objected
to the idea.
Next, ISSHO Kikaku Director Tony Laszlo read a statement submitted by Yotsuya Kyoko
of Justica e Fraternidade & Esperanca, an NPO active in Hamamatsu. Yotsuya's
statement also cited incidents of discrimination in public housing, and noted that
foreign nationals in and around the region have also been prevented from renting
cars.
Fujii Seiji, a writer who has reported on the problems in Hamamatsu, reported that
the defendant in the Bortz case (the jewelry store owner) is unrepentant and insists
that the court's ruling was wrong. Further, the owner of a fishing goods shop which
refuses foreigners said he "doesn't care at all" about the illegality of
his exclusionary practices.
Tony Laszlo then read a statement submitted by Shimane Prefecture resident Mr. Wade
Carlton. Carlton, reporting on a trip he made to Naha City, Okinawa Prefecture in
March of 1999, noted that there are "No Foreigner" signs in cafes, discos
and pubs along Naha's Kokusai Dori, or "International Avenue" (a popular
tourist spot). Laszlo reported on similar reports made by Australian and English
women who had been refused access to these establishments.
Laszlo then summarized the research that ISSHO Kikaku's Benci Project (http://www.issho.org/BENCI
) had made since September of 1999, regarding exclusionary practices in Otaru, Wakkanai
and other cities in Hokkaido Prefecture. Laszlo reported on exclusionary barber shops,
sports shops, restaurants and public baths in Hokkaido.
Lower House Parliamentarian Kaneda Seiichi (Democratic Party, representative from
Hokkaido) reported on his discussions with Ministry of Foreign Affairs (MOFA) officials
regarding the issue. According to his account, MOFA officials told Kaneda in his
chambers that, as the cases in Hokkaido involved discrimination between individuals,
they did not necessarily constitute breaches of the International Convention on the
Elimination of Racial Discrimination (CERD).
Laszlo thanked Kaneda for his efforts and presented Kaneda with a request for the
creation of a law banning racial discrimination (prepared by the Benci Project),
Kaneda expressed his willingness to take it up with party members on the Judicial
Affairs Committee.
Tanaka Hiroshi, Professor Emeritus at Hitotsubashi University, accused MOFA of having
double standards. He argued that while MOFA officials were telling Kaneda that cases
of discrimination between individuals are not in violation of CERD, they were saying
different things to the outside world. To verify his claims, Tanaka referred to a
letter written by an MOFA official on November 22nd to the New York Times (Click
here to see it) which said, "...certain discrimination exists in Japanese
society and...[it] should be rejected in all of its forms. That is precisely why
the judge of the local district court correctly cited Japan's obligation under the
international treaty in making his ruling about the Brazilian journalist. This is
proof that the Japanese judiciary is acting responsibly."
Higashizawa Yasushi, a lawyer, introduced a case which he is presently in charge
of where the plaintiff, Steve Herman (a US news correspondent) is requesting compensation
for the damages he sustained after being refused an application for a loan because
he was a foreigner who does not have permanent-resident status in Japan. According
to Higashizawa, his client is claiming that the refusal of a loan on such grounds
contravenes Article 14 of the Constitution and constitutes a breach of the CERD.
Higashizawa said that the majority of Japanese do not share a common understanding
of human rights, and made an appeal for schools to introduce such curricula as soon
as possible.
In Ha Lee, a foreigner's rights activist, gave a presentation regarding anti-discrimination
legislation recently enacted by Kawasaki City. This ordinance, which came into effect
on April 1st of this year, aims to prevent housing discrimination against foreigners,
the disabled, and the elderly. Laszlo urged the Parliamentarians to look at the legislation
as a model to be employed nationwide.
Ito Shuko, a representative of the IMADR Secretariat, gave a presentation regarding
a movement on the part of Japan's non-profit organizations to submit CERD-related
reports to the UN. Ito's organization is coordinating the efforts of approximately
thirty groups who have found problems with the report on CERD that the Japanese Government
sent to the UN last March.
Laszlo announced that Issho Kikaku is also planning to take part in this process
by writing a report on the various cases of denying access to foreigners, and on
the response at the local, prefectural and national government levels.
Upper House Parliamentarian Fukushima Mizuho (Social Democratic Party) stated that
Japan's laws existed only to control foreigners, not to protect their basic rights,
and pointed out a need for revisions. She also criticized Tokyo's Governor Ishihara
for his comments of April 9th, and announced her desire to create a law prohibiting
racial discrimination.
Suzuki Ritsuko of the Sumida International Exchange Network spoke of the need for
education programs which would help people understand the need for anti-discrimination
laws and ordinances.
Laszlo read out a section of a statement prepared by Issho Kikaku, entitled "A
Statement to Tokyo's Voters (with regard to Governor Ishihara's comments)".
Through this document Issho Kikaku stressed that the Governor's words and actions
helped to worsen the problem of the exclusionary businesses, and appealed to Tokyo's
voters to elect a leader who does not hold racial or ethnic prejudices.
REPORT ENDS
///////////////////////////////////////////////////
5) WHERE DO WE GO FROM HERE?
We at Issho Kikaku have spent more than half a year listening to the viewpoints of
many concerned parties on this issue, and recording official positions in all three
levels of government. At this point, our research indicates that local and regional
governments do not seem interested in ensuring that their residents regardless of
nationality are protected by Japanese laws. Thus the issue is no longer just local--limited
to a tourist city, a couple of seaports, or a few foreign enclaves. Indeed, non-Japanese
are now seen as a potential social threat by people as high up as the Tokyo Governor,
who wants to call out the SDF to quell ahistorical fears of "illegal-foreigner
rioting" in the event of a natural disaster (though how troops are expected
to differentiate between legals and illegals on sight is unclear). Now more than
ever, non-Japanese residents need a clear legal delineation of their Constitutionally-guaranteed
rights. If regional representatives and their administrations will not keep the promises
their government made to the international community, it is time to bring the issue
up with national representatives as well.
There will be a general election in Japan on June 25. We hope that human rights for
all residents of Japan will also be part of the debate agenda.
///////////////////////////////////////////////////
6) ADDITIONAL NEW LINKS AND INFORMATION IN ENGLISH
AND JAPANESE
New Timeline in Japanese on the issue, with links to all articles and documents to
date
Click here
Text of Chinjou Petition submitted April 17 to the Hokkaido Governor and Hokkaido
Prefectural Assembly
Click here
Letter submitted to the Sapporo Russian Consulate (along with posters on Japanese
bathing rules in several languages), asking for Russian Government assistance in
resolving this problem
Click here
///////////////////////////////////////////////////
Issho Kikaku BENCI's NYUU YOKU TIMES, MAY 23, 2000, ENDS
(return to lawsuit background page)
