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2 May 2024 5:33
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  •   Home > News > International

    As Japan faces a population crisis that more foreigners could solve, the country's police are being sued for racial discrimination

    A landmark racial discrimination case comes as the country grapples with questions about race, immigration and what it means to be Japanese.


    Maurice Shelton had only lived in Japan for a few months when he had an ugly encounter, one eerily similar to the life he left behind on the other side of the world.

    He said was stopped by the police "for no other ostensible reason, except for the fact that [he] was driving while having darker skin".

    "It reminds me of the times that I've been harassed in America for being a black man, just existing," he said.

    Over the next decade, Mr Shelton said he was stopped again and again.

    Now he and two other foreigners who claim to have suffered similar treatment are suing Japan's National Police Agency, the Tokyo metropolitan government and Aichi prefectural government for the distress caused by alleged racial profiling.

    It's a landmark case and comes as the country grapples with questions about race, immigration and what it means to be Japanese.

    So what's this lawsuit about?

    The lawsuit's opening hearing was held in Tokyo on Monday, with the case expected to continue in July.

    The plaintiffs are Mr Shelton, an actor and personal trainer; Syed Zain, a Pakistan-born Japanese citizen; and another man named Matthew, whose surname has not been publicly revealed for fear of public reprisals. 

    The authorities have not commented on the specifics of the case, however, a Japanese government spokesperson said the country's constitution "guarantees equality under the law without any form of discrimination."

    "Based on this principle, Japan has striven to realise a society without any form of racial or ethnic discrimination, and will continue to make efforts to achieve a society in which each person is treated without any discrimination and respected as an individual," they said.

    The three men are seeking 3 million yen ($30,000) compensation in what their lawyers say is the first case of its kind in Japan.

    The proceedings are being closely watched by Human Rights Watch program officer Teppei Kasai, who is campaigning for Japan to introduce strong national laws banning racial discrimination.

    "It's the big elephant in the room in Japanese society," he said.

    "Everyone knew that it was happening, people just didn't want to talk about it.

    "Maybe people felt like it was justified because some people think that foreigners do commit more crimes."

    Japan's population crisis

    As the courts examine whether Japan's police have a racism problem, many believe the country is in dire need of more foreigners. 

    Japan is struggling with a declining population — it's fertility rate of 1.39 is among the lowest in the world — leading to labour shortages and serious concerns about how to support its rapidly aging population.

    The worker shortage is already taking its toll, with Japan losing its title as the world's third-largest economy to Germany in February.

    Adjunct professor Liang Morita, who specialises in migration policy at Nagoya University, said Japan's economy could fall further if the worker shortages were not addressed.

    "If the Japanese people are OK with that, then alright, no foreigners," she said.

    "But I think many people are unwilling to accept that. They still want Japan to be a dominant world power."

    How is Japan encouraging foreign workers?

    The Japanese government has reformed immigration policy to encourage more migrant workers in recent years.

    However, initiatives such as the Technical Intern Training Program, a work training program for foreigners, have been plagued by wage scandals and allegations of human rights abuses.

    Today the country is home to a record 3 million immigrants but they are still a tiny fraction of the country's 125 million population.

    One challenge in attracting more workers is competition from other developed nations that offer more flexible visas and better wages.

    Professor Aizawa Nobuhiro, who specialises in South-East Asian Politics at Kyushu University, said Japan's historically low exchange rate meant many workers were looking elsewhere.

    "The economic rationale for foreign workers is no longer as strong as it used to be," he said.

    He cited the example of potential Vietnamese workers going to Australia instead.

    Japan's workplace culture also impacts the flow of workers.

    The country's businesses are governed by a raft of unwritten rules and many companies are not set up to easily integrate foreigners.

    Professor Morita said there was often a disconnect between business leaders who support internationalisation of the workforce, and those at the coal face.

    "The people lower down who have to deal with the foreigners, they are struggling because everything has to be translated to English for the foreigners, everything has to be explained," she said.

    "Everything is taking extra time and effort, everything is stressful."

    Is what it means to be 'Japanese' changing?

    Even if Japan could overcome these headwinds, any move to boost immigration may be derailed by deep-seated views held by sections of the Japanese community.

    "A lot of pretty conservative ruling party lawmakers like to push that narrative that Japan is a completely homogenous society, that being Japanese means looking a certain way, having Japanese parents and so on," Mr Kasai said.

    But these ideas are being increasingly challenged amid a rise in interracial families and watershed moments, such as the crowning of Karolina Shiino as Miss Japan 2024.

    The Ukrainian-born model was criticised for "not being Japanese enough" even though she had lived in Japan since she was five.

    And while she ultimately forfeited the role due to a sex scandal, Mr Kasai said her crowning would have been "unimaginable" 20 years ago.

    "There's this whole interesting debate, what does it even mean to be Japanese?" he said.

    "Does being Japanese necessarily mean that you have to be ethnically Japanese? Or can you be raised here and be fond of Japanese culture, knowledgeable about Japanese culture? 

    "There was this reputation of Japanese society being xenophobic, perhaps even racist, maybe having this sort of racially pure ideology, but I think it's a bit outdated.

    "I think things are changing."

    Professor Nobuhiro said the racial profiling case would provide "really strong awareness" of the experiences of foreign workers in Japan and the need to be "more sensitive about who we live with".

    "These kinds of cases will be weaved into our education system," he said.

    "They will create a new social norm in the society."

    Plaintiff Mr Shelton hoped the case would raise awareness of how foreigners are treated in Japan.

    "You gain nothing from abusing the workforce that's going to keep your country afloat," he said.

    "The changing face of this country, it's here now and we have to actually face it, front and centre with open eyes and with honest hearts."


    ABC




    © 2024 ABC Australian Broadcasting Corporation. All rights reserved

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