Court documents show Suruga Bank secretly collected and misused sensitive information of minorities. Suruga Bank's illegal act was based on its arbitrary policy. We demanded Suruga Bank to disclose the illegal policy. But Suruga Bank refused to disclose it because of cover-up.
Suruga Bank's arbitrary restriction policy has a devastating impact on the already suffering minorities and leads to widespread discrimination in Japan. The illegal practice, which contained baseless limits on minorities, improperly imposed unnecessary ID and forced minorities to show "an alien card" for no reason. Suruga Bank refused to disclose the disputed policy in October 2008, after VAIBS filed a lawsuit against Suruga Bank in Tokyo District Court. The lawsuit charged that the policy's enforcement would put minorities at risk of losing bank accounts because the policy would cause discrimination against minorities. Suruga Bank contended Personal Information Protection Act article 18 does not apply to this case. But Suruga Bank's assertion was wrong.
VAIBS vs. Suruga Bank is not simply about a bank account. The policies struck down by this lawsuit are products of the human tendencies to prejudge, discriminate against, and stereotype other people by their ethnic characteristics. Ending this behavior as an arbitrary practice caused far reaching social and ideological implications, which continue to be felt throughout our country. The VAIBS lawsuit inspired and galvanized human rights struggles across the country and around the world.
What this legal challenge represents is at the core of our history and the freedoms we enjoy. The VAIBS lawsuit began a critical chapter in the maturation of our democracy. It reaffirmed the sovereign power of the people of Japan in the protection of their natural rights from arbitrary limits and restrictions imposed by Suruga Bank. These rights are recognized in the Personal Information Protection Act and guaranteed by the Japan's Constitution.
That's what we can believe in. But Suruga Bank forced minorities into double ID for no reason. After we sued Suruga Bank, the illegal bank abolished the discriminatory policy to hide segregation. Before the lawsuit, the racist bank imposed double ID only on minorities.
For most legal residents in Japan, applying for a bank account is a relatively simple and straightforward process that results in the granting of a bank account by the bank. For a million of minorities in Japan, however, the process has been anything but simple if they open a bank account in Suruga Bank. Suruga Bank targeted minorities who do not have Japanese citizenship even if they were born in Japan. When applying for a bank account in Suruga Bank, minority legal residents are being subjected to arbitrary and illegal demands to furnish a litany of documents not normally required as a means of substantiating their ID confirmation. The illegal bank, in all cases, is then simply abandoning these legal residents' applications and classifying them as "filed without action" without giving any kind of a stated reason for doing so — despite substantial evidence having been submitted proving the applicants’ ID confirmation. The bank account applications of these minority legal residents are all denied as a result, and the legal residents are left with little recourse other than to file a lawsuit to re-apply, pay yet another fee and face the very same treatment all over again.
In the face of this policy, VAIBS, Victims Against Illegal Bank SURUGA, filed a lawsuit in February, 2007, arguing that the way in which Suruga Bank is deciding whether to open a bank account to minority legal residents is a violation of both the due process and equal protection clauses of the Japanese Constitution, as well as a violation of the Personal Information Protection Act.
Until we sued Suruga Bank, the discriminatory bank kept an insidious policy that seriously undermined minorities' access to basic bank services, including a bank account. The policy leaves open the possibility that -- based on race, ethnicity or nationality -- individuals can be denied access to a bank account. It also permits Suruga Bank to gather sensitive personal information insidiously. And it expands existing laws by permitting Suruga Bank to deny just a depository account if the illegal bank does not obtain a wider range of IDs unnecessary to open a bank account.
SURUGA Bank illegally obtained nationality records from non-citizens. It breached Personal Information Protection Act in Japan, article 16. Article 16 prohibitts out-of -purpose use as safeguards against discrimination. But SURUGA Bank demanded an"alien card," although I showed a driver's licence. Suruga Bank denied a bank account, just a deposit account because Suruga Bank did not obtain an "alien card."
SURUGA Bank restricted a bank account for minorities. The discriminatory bank demanded mandatory submission of an "alien card." Although we showed a driver's license, the illegal bank denied a bank account. SURUGA Bank's unequal treatment had no reason. Our movement sought equality and integration in a bank account. After VAIBS sued SURUGA Bank, it repealed the discriminatory policy. We defeated the discriminatory bank SURUGA.
about VAIBS and discrimination lawsuits in Japan
http://en.wikipedia.org/wiki/Discriminat
Japan‑born ethnic minorities are legally called 'alien' by 'Alien Registration Law', a real Japan's law. Japan‑born 'aliens' in Japan must carry 'an alien card' anywhere anytime.
Suruga Bank denied minorities a bank account if they do not present 'an alien card.' Even if minorities show a driver's licence, Suruga Bank rejected a bank account.
'Alien Registration Law' says, 'The alien shall present his registration certificate to the Immigration Inspector, Immigration Control Officer (meaning the Immigration Control Officer provided for in the Immigration Control Act), Police Official, Maritime Safety Official or any other official of the state or local public entity prescribed by the Ministry of Justice Ordinance, if such official requests the presentation of the registration certificate in the performance of his duties.' Suruga Bank is not an 'Immigration Inspector' or 'Police Official.'
VAIBS sued Suruga Bank over its 'Alien Card' policies and practices. 'Alien Card' lawsuit against SURUGA Bank charges racial/ethnic/national discrimninatiton. The case number is HEISEI 19(RE)467 in Tokyo District Court. You can read the court paper in Tokyo District Court. The next court trial is set for September 2008.
