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Japan’s struggle to embrace refugees

Critics argue approach falls short in recognizing responsibility as a state party to the convention on the status of refugees
The sister of a Sri Lankan woman, Wishma Sandamali, who died while in Japanese immigration detention, carries a picture of her late sister as she walks to the Nagoya district court on March 4, 2022, to file a lawsuit against the government of Japan

The sister of a Sri Lankan woman, Wishma Sandamali, who died while in Japanese immigration detention, carries a picture of her late sister as she walks to the Nagoya district court on March 4, 2022, to file a lawsuit against the government of Japan. (Photo: JIJI PRESS / AFP)

Published: June 20, 2023 04:18 AM GMT
Updated: June 20, 2023 04:28 AM GMT

In the run-up to UN World Refugee Day, a public awareness event organized by the UN Refugee Agency and various groups took place in Shibuya on June 1.

The gathering aimed to build support and deepen understanding of the immense challenges faced by refugees worldwide.

Landmarks such as the Tokyo Metropolitan Government Office and the Tokyo Skytree were to be illuminated in UNHCR blue on June 20, serving as a visual reminder of the ongoing global refugee crisis and demonstrating solidarity.

Japan's refugee recognition numbers remain low

Despite the increasing global refugee crisis, Japan continues to struggle with refugee recognition.

In 2022, out of 3,772 individuals who sought refugee status in the country, only 202 were officially recognized as refugees by the government. This marks the highest number granted refugee status since Japan established its refugee program in 1982.

The definition of a refugee, as outlined in Article 1 of the 1951 Refugee Convention, to which Japan is a signatory, encompasses individuals who face a well-founded fear of persecution based on factors such as race, religion, nationality, membership of a particular social group, or political opinion. It applies to those who find themselves outside their country of nationality and are unable or unwilling to seek protection from their home country or return to their former habitual residence if stateless.

UN High Commissioner for Refugees Filippo Grandi, in a recent interview with Nikkei, emphasized the need for Japan to accept a larger number of refugees while commending the country for its significant financial contributions to the agency.

Japan emerged as the fourth largest government donor in 2021, providing US$140 million in support, and ranked as the third largest global private sector contributor with US$61 million.

However, on June 9, Japan’s Diet passed an amendment bill to the Immigration Control and Refugee Recognition Act, granting authorities the power to deport individuals who make multiple applications for refugee status.

The revised law allows deportation for those who have applied three or more times without providing adequate grounds for refugee recognition.

This amendment raises concerns, as the existing law imposes no restrictions on the number of times foreign nationals can apply for refugee status. The government aims to address the issue of applicants repeatedly submitting applications to evade deportation.

During a press conference at the Foreign Correspondents’ Club of Japan (FCCJ) on May 24, Malaysia’s former prime minister, Mahathir bin Mohamad, commented on the matter.

“Whether the Japanese government has a policy to restrict immigration or not, in the future, there will be immigration. Supposing there is a war ... and a lot of people are displaced, they have to go somewhere. If they come to Japan, is Japan going to say ‘please don’t come, we don’t want you?’ You just cannot. Like Malaysia, we have to accept Rohingyas not because we like them, but I mean it is a humanitarian problem. We have to give them asylum,” he stated.

“So Japan too will become multiracial over time. Maybe slowly, but over time whether you have the law or you modify the law or not,” he added.

Critics argue that Japan’s approach falls short of recognizing its responsibility as a state party to the convention on the status of refugees. They emphasize the need to establish a system that properly protects refugees, independent from the Ministry of Justice, and the Immigration Services Bureau.

Advocates believe that until such a system is in place, the government should refrain from implementing policies that involve the deportation of asylum seekers.

Difficulties faced by refugees in Japan

The case of Wishma Sandamali, a 33-year-old Sri Lankan woman who died while in detention at the Nagoya Regional Immigration Services Bureau, highlighted the bureau’s failure to provide proper medical care. Such incidents raise concerns about the treatment and conditions experienced by asylum seekers in Japan.

Shoichi Ibusuki, an attorney at law supporting Wishma’s family, expressed his concerns during a press conference held at the FCCJ on April 27.

He said, “Even people who bear scars from horrendous torture on their bodies find it extremely difficult to obtain refugee status in this country.”

Safari Diman Heydar, a 53-year-old Iranian refugee applicant who has lived in Japan for 30 years now, shared his experience of seeking freedom in the country only to be detained by the Immigration Bureau.

“I came to Japan in order to seek freedom. I was working in the country until I was detained by the Immigration Bureau,” he told the media at the same press conference. Heydar was on provisional release.

Chie Komai, a lawyer and representative of Heydar, stressed the severity of his situation and the potential dangers he faces if he is forced to return to Iran.

“I think he is in a very serious situation,” she said. “If he returns to Iran, he will experience very horrible things. He has already experienced trauma as a result of that and continues to suffer from its effects,” Komai said.

Heydar’s family members are still living in Iran.

“Japan is now my second home country, and I have been living in Japan longer than in Iran. I love Japan, I love Japanese people, and I think it's right for me to choose Japan as my destination country,” said Heydar.

“As for the failure of my first and second applications for refugee status, I’m very sorry about that because we believed in Japan, we sought help here. But the Immigration Bureau did not conduct a thorough investigation of my case and turned down my request so it’s really a pity.

“We, as refugees, are not criminals and should not be treated as such. I think that’s what most of the refugees would want from Japan,” he concluded.

These personal accounts emphasize the importance of recognizing refugees’ human rights and providing them with the protection they seek.

*The views expressed in this article are those of the author and do not necessarily reflect the official editorial position of UCA News.

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