On Sunday, December 4, 2005, in Tokyo at the Shimbashi Fukushi Kaikan, union representatives and activists from all over Japan met to discuss the formation of a union-based organization to combat discrimination against foreign workers. Louis Carlet, Deputy Secretary-General of National Union of General Workers Tokyo Nambu (Nambu), opened the meeting with remarks on the need for a coalition of unions to end discrimination with a ‘Two Wave’ legal challenge to the Japanese government for its failure to set up legal prohibitions to discriminatory treatment. While noting the differences in nationality, ethnicity, gender, profession and language among foreign workers in Japan, Carlet stressed the need for solidarity among those who suffer from the discriminatory practices institutionalized in Japanese society.

Evan Heimlich of Education Workers Amalgamated referred to ‘first wave’ challenges to the widespread practice of denial of service, i.e. denial of commercial service to foreigners in restaurants, bars, or other locales – “Let’s indict the national system itself, with increasing effectiveness, towards helping things change. We need to prosecute racism in the service sector because anyone can understand this plain form of discrimination, and moreover, because we can prove it happens systemically. This tip-of-the iceberg strategy is akin to prosecuting a murderous gangster for tax evasion. This is how we can best make the difference.”

Luc Mesken, a member of the Metropolitan Part-time University Lecturers Union, described a case at Shushin University in Nagano, emblematic of the ‘second wave’ actions, involving this former national university undergoing ‘corporatization’ and resultant mass dismissals. Among other obstacles to Mr. Mesken’s challenge is the domination of the rural society and its institutions by the university, resulting in this instance in the difficulty in obtaining legal representation. So, the second wave of legal challenges focuses on discrimination in the workplace.

Bob Tench, Nambu Foreign Workers Caucus (FWC) General Secretary, spoke of the success of the 2005 Job Security for Foreigners March, and of the 2006 event, tentatively scheduled for March 5. A goal of the March is for increased participation by the Chinese, Korean, Filipino, various African and South American communities. The press showed some interest in the 2005 event, but with little air and print exposure as a result. Mr Tench noted the participation under the direction of Stephanie Houghton, Fukuoka General Union chair, of union members in Fukuoka in a similar and simultaneous March.

Ms. Houghton initiated the drive for the grant to General Union (GU) in Osaka of consultative status to the UN Committee for Elimination of Racial Discrimination. This committee is charged with overseeing compliance by UN member nations with human rights treaties. In 2001, realizing the failure of the government to report the labor and other issues facing university and language teachers, Ms. Houghton conducted research seeking to rectify the matter. She learned that the reporting agency might be a labor union with corporate, i.e. ‘houjin’ status, which led her to GU in Osaka. Michael Normoyle and Jools Collis there lent their support and the consultative status was granted in 2005.

In separate but related statements, Mr. Sasaki of the Tokyo-Area University Part-time Teachers Union and Ms. Houghton remarked on the need for effective communication among unions and activists, whether through mailing lists, face-to face meetings, or organizational reform. Failure of effective links bleeds activists, unions and coalitions of their force and effect. The new organization should provide the focus and vehicle for efforts by individuals to end discriminatory practices in the marketplace and the workplace.

At an evening meeting at the nearby Nambu office, the organization tentatively named ‘National Coalition for Equality and Diversity’ (NCED), centered in Tokyo was proposed, with the aim of combating discrimination of all types in Japan. Author and activist Debito Arudou spoke of his attempts to mount legal challenges to discriminatory treatment with the help of an association of attorneys, Bengodan, working pro bono. A veteran of Japanese culture wars, Arudou is the author of Japanese Only!, a written account of the legal battle to fight discriminatory practices at an Otaru onsen. In that case, although courts found in favor of plaintiffs Arudou et al against the commercial establishments involved, the city of Otaru was exonerated, the courts claiming that the city government was not responsible for taking measures to prohibit or eliminate such practices. In order to force the government to pass legislation prohibiting such practice, Mr Arudou is seeking plaintiffs in first wave ‘denial of service’ cases. All that is required is documented or taped evidence of denial of commercial services (e.g. bathhouse, restaurant, bar) for discriminatory reasons, and a willingness to see the process through.

The NCED offers hope to foreign residents of Japan for remedy from the institutionalized racism of the kind reported by Doudou Diene, appointed by the U.N. Human Rights Commission in 2002 as special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (Japan Times, July 12, 2005). Diene has called for a national law against racial discrimination.

In all, the events of the day provided a forum for activists from all over Japan the opportunity to compare notes, co-ordinate operations, and set their sights on objectives best and only attained through the concerted action of the proposed NCED. Among reasons for optimism are the recent dynamism of the FWC, a similar bootstrap operation, and sponsor of the first Job Security March, and the fact that much of the day’s activities were the result of a happenstance meeting of half a dozen activists at the recent Japan Association of Language Teachers annual conference.