In a groundbreaking move, three foreign-born residents in Japan have taken legal action against the country’s authorities, alleging racial profiling. The plaintiffs claim that they have endured distressing experiences of repeated police questioning solely based on their appearances. This lawsuit, filed on Monday, not only seeks to establish the illegality of racial profiling but also demands 3 million yen ($20,250; £15,740) in damages for each plaintiff. This unprecedented legal action sheds light on the deep-rooted issue of racial bias in Japan.
The lawsuit represents the first of its kind in Japan, making it a significant milestone in the fight against racial discrimination in the country. The plaintiffs, supported by their lawyer Motoki Taniguchi, aim to challenge the common belief that “foreigner” equates to “criminal”. Syed Zain, a Pakistan-born Japanese citizen who has been residing in Japan for two decades, expressed his frustration during a press conference on Monday. He revealed that he has frequently been stopped, questioned, and even searched by the police for no justifiable reason. This relentless targeting has prompted him to urge a reevaluation of police questioning methods, emphasizing the need for change.
Racial profiling, as defined by the United Nations, refers to the practice of law enforcement relying on generalizations based on an individual’s race, skin color, descent, or national or ethnic origin, rather than solid evidence of their behavior, for the purpose of subjecting them to stops, detailed searches, identity checks, investigations, or deeming them as engaged in criminal activities. The lawsuit emphasizes the detrimental consequences and injustice of such profiling.
Matthew, another plaintiff of Indian descent and a permanent resident of Japan, disclosed that he has been subjected to police questioning approximately 70 times since arriving in Japan in 2002. This relentless harassment has caused him to limit his outings and retreat to the safety of his own home. Matthew’s fear of repercussions has even led him to withhold his last name from the media, highlighting the distress faced by foreign residents in Japan.
Maurice, an African-American permanent resident of Japan, shared his experiences of being questioned not only by the police but also by ordinary Japanese citizens. He recounted instances where he was asked if he was overstaying his visa, demonstrating how racial profiling extends beyond law enforcement. Maurice expressed his desire for people to recognize that these incidents occur on a daily basis and called for action to prevent such discrimination from impacting future generations.
The lawsuit names three defendants: the National Police Agency, the Tokyo metropolitan government, and the Aichi prefectural government. By holding these authorities accountable, the plaintiffs aim to initiate systemic change and promote equal treatment for all residents of Japan, regardless of their nationality or ethnicity.
This legal action comes in the wake of a recent debate surrounding Japanese identity, triggered by the crowning of a Ukrainian-born model as Miss Japan. While some view her victory as a step towards embracing diversity, others question whether she fits the expectations of a “Miss Japan”. These discussions highlight the ongoing struggle to redefine what it means to be Japanese and challenge prevailing stereotypes.
Furthermore, in December 2021, the US embassy in Tokyo expressed concerns over “suspected racial profiling” of foreigners by Japanese police. Through their Twitter account, the embassy reported cases of foreigners being stopped, questioned, and searched, raising awareness about the issue internationally.
The lawsuit filed by the foreign-born residents represents a significant turning point in Japan’s battle against racial discrimination. It serves as a reminder that racial profiling is not only an isolated incident but a pervasive problem that demands urgent attention. The plaintiffs seek not only justice for themselves but also hope to pave the way for a more inclusive and accepting Japan, where diversity is embraced and discrimination is eliminated.
