Japan’s Government Faces Legal Action from Foreign-born Residents: A Battle Against Alleged Racial Profiling

Foreign-born residents hailing from various countries have recently taken an unprecedented legal step in Japan. A group comprising diverse nationalities including Brazilians, Chinese, Europeans, and Filipinos have set their sights on the Japanese government, filing a lawsuit for alleged systemic racial profiling. The lawsuit is specifically targeting the compulsory identification card system and discriminatory police stop and frisk policies, which originally intend to provide safety, but have eventually become a form of institutionalized racial profiling in the country. The cornerstone of the lawsuit is Japan’s Zairyu (resident) card system. Under this system, foreign residents are required to carry Zairyu cards at all times. By contrast, Japanese citizens are not subjected to such obligation. Hence, the Zairyu card becomes a symbol of differentiation between Japanese natives and foreigners, placing the latter group under intense scrutiny and magnifying the societal and legal differences between both groups. The lawsuit argues that this systemic structure is unjust, infringing on the human rights of foreign residents. Connected to this is the alleged abuse of stop and frisk policies by the police force. Plaintiffs claim that the police frequently and disproportionately targeted foreign minorities, subjecting them to public humiliation and racial segregation. Many foreign-born residents in Japan have shared testimonies of being stopped on the streets, asked for their Zairyu card and searched. These experiences are said to be implicitly encouraged by Japan’s Immigration Control and Refugee Recognition Act, wherein foreigners are subjected under the law to carry their ID’s at all times and to present them when asked by any public official. The lawsuit also highlighted the need for foreign resident rights protection. The Asian Bar Japan, a group of lawyers specializing in human rights cases involving foreigners, suggests that foreign-born residents should be treated equally under the law with protection from disproportionate police attention. Foreign residents should enjoy the fundamental freedoms and rights as citizens, without subjected to fear of being constantly singled out. Tackling racial discrimination in Japan goes beyond just resident cards. What lies at the core of the issue is deeply embedded societal prejudice, a perception that foreigners might pose a threat to public safety. To effectively address this, it is crucial for Japan to boost its public awareness about diversity and its respect for individual rights. In essence, this lawsuit serves as a significant marker in the long-standing journey of battling racial inequalities in Japan. The foreign-born residents are hopeful that their collective action will hit home the message that Japan, in actuality, is home to them too and they should be treated on an equal footing with Japanese citizens. The case is not just about the Zairyu card system or the stop and frisk policy, but rather about the overarching discussion on fairness, justice, and equality in a multicultural society. Japan, being a country with a sizable community of foreign-born residents, must address these issues in a transparent way. It is necessary to scrutinize these policies and their damaging effects and concurrently work on pushing a more inclusive, tolerant and representative perception of foreigners in Japanese society. A balance between maintaining public safety and respecting individual rights is indispensable for sustaining a harmonious environment for both locals and foreigners in Japan. The lawsuit is currently being reviewed by the Tokyo District Court, a yardstick that will measure the effectiveness and the fairness of the country’s legal system in its treatment of foreign-born residents. The upcoming pronouncement will surely have far-reaching implications on the future structure of Japan’s immigration law, law enforcement practices, and its social perspective towards foreign residents.