For Your Information: Foreigners' Rights in Homogeneous Populations (SOCHUM Topic A)
Here's a second article on SOCHUM's Topic A: Foreigners' Rights in Homogeneous Populations
The
rights of ‘gaijin’ - the derogatory Japanese word for ‘foreigner’,
‘outsider’ or ‘alien’ - has recently become a hotly debated issue in the
country, which is one of the most homogeneous states in the world. For example, although
roughly 98% of the population is ethnically Japanese, citizens who possess
Korean ancestry are still discriminated against today; they are not allowed to
ascend to or given management positions in the public sector. Prejudice against
foreigners is a practice that is still very much entrenched in Japanese
society, though efforts have been made as of late to change this.
There
are reports of foreigners being regularly stopped by local police on the street
despite having lived there for many years. Events such as 9/11 didn’t help
either, causing the distrust towards foreigners to heighten; restaurants
rejected foreign patrons, realtors often turned down foreign renters, and
hospitals sometimes refused to treat foreign patients. ‘Japanese Only’ signs have
not been totally eradicated, and can still be found in many establishments.
Foreigners are also sometimes charged significantly higher prices than locals.
Perhaps this deeply ingrained attitude has to do in part with Japanese
citizenship law, which does not award citizenship based on location of birth
but by bloodline, and also the racial discrimination of Imperial Japan, which
started when the imperial government sought to colonize their neighbouring
countries.
While
we are on the subject of laws, it is worth noting that although Japan does have
an article in the constitution (Article 14), which states that all persons are
equal under the law, the country does not currently have any form of civil
rights legislation that outlaws discrimination. The Bureau of Human Rights
under the local Ministry of Justice handles discrimination cases; however, it
is powerless when it comes to punitive action against discrimination as the
Bureau can only issue out warnings. It would, for example, be unable to fine
Nippon Airways for their recent caricature advertisement involving Japanese
actors and actresses dressing up as blonde foreigners with big noses, not to
mention those ‘Japan-for-Japanese’ vans which drive around with megaphones
perpetuating anti-foreigner sentiment.
However,
there are encouraging signs that the situation is improving.
Despite
having no proper punitive discrimination law, Japanese courts, which have heard
allegations of racial discrimination, have been fair and unbiased. A few years
ago, a court delivered a ruling that forced a jewellery shop that refused
service to a Brazilian by calling upon the International Convention on the
Elimination of All Forms of Racial Discrimination. Just last month, another
court cited the UN convention in a ruling that required anti-Korean protestors
to pay damages for racial discrimination. The Japanese themselves have started
to take this issue by the horns by organising rallies and counter-protests to
stand up against racial discrimination.
These are certainly steps in the right direction. There are some who might argue that the next logical step would be the introduction of equitable legislation to protect foreigners’ rights. It may take a few years – or perhaps, a generation – even after such laws are implemented and enforced, but Japan is definitely on its way to a society that is free of discrimination.
By Michael James Anthony
Photo Courtesy of http://en.wikipedia.org/wiki/File:Shibuya_night.jpg
These are certainly steps in the right direction. There are some who might argue that the next logical step would be the introduction of equitable legislation to protect foreigners’ rights. It may take a few years – or perhaps, a generation – even after such laws are implemented and enforced, but Japan is definitely on its way to a society that is free of discrimination.
By Michael James Anthony
Photo Courtesy of http://en.wikipedia.org/wiki/File:Shibuya_night.jpg
