Japanese are increasingly waking up to find that their new neighbors are foreigners who have settled in this country. What should be done to build an affluent multicultural society in Japan? The Sapporo District Court recently handed down a ruling that makes us think about this question. Three foreigners had claimed that the refusal of a public bathhouse in Otaru to grant them admission amounted to a violation of the International Convention on the Elimination of All Forms of Racial Discrimination, which Japan has ratified. They filed a suit seeking 6 million yen in compensation from the operator of the bathhouse and from the Otaru city government.
The court ruled that the bathhouse's refusal to grant them admission was an act of racial discrimination and ordered the operator to pay a total of 3 million yen, saying that the defendants had suffered a violation of their human rights as well as psychological injury. The court also ruled that the city government had taken measures to end the ban against foreigners and that it should not be held responsible for the actions of the bathhouse, since a local government is not obliged to perform duties under international law.
This trial is notable for three reasons. First, how should we strike a balance between business rights and human rights? Second, how should we distinguish between foreigners and Japanese? And, third, is Japan making sufficient efforts to eliminate racial discrimination?