
We’ve written in the past about the Japanese government’s treatment of asylum seekers, and the revision to the Immigration Control and Refugee Recognition Law that the ruling coalition has been working on for years to close inconvenient loopholes was supposed to be passed two years ago, but wasn’t due to issues with timing and public opinion. We wrote about the specific problems with that bill in March 2021, when it wasn’t certain it would fail, but it did. Now it’s back, and the media are saying it will likely be passed this time.
As we also wrote at the time, the original revision was mostly accepted by the mainstream media because all they did was parrot the government’s talking points. The exception, as is often the case with government policy, was Tokyo Shimbun, which in the meantime has continued to cover the matter without compromising its editorial conscience. After the revised revision was approved by the Lower House Judicial Affairs Committee on April 28 with the votes of four parties—the ruling Liberal Democratic Party and its coalition partner, Komeito; Nippon Ishin no Kai, and Kokumin Minshuto—Tokyo Shimbun explained that the LDP’s next step would be to get the revision passed in the Lower House in “early May.” Summarizing the purport of the bill, the newspaper said it is meant to “solve the problem of people remaining in detention for a long time,” a situation that has led to at least two detainees dying in custody, even if they weren’t necessarily asylum-seekers. The reason for the long detention under current law is that, while a self-identified refugee is in the process of applying for asylum they cannot be forcibly deported, but since they are by government definition “undocumented” they must be detained. Over the years, this sort of detention of foreign nationals has become a huge PR problem for the Japanese government, since it draws the attention of overseas human rights organizations, including some associated with the UN. As has always been obvious since the first revision was proposed in 2021, the government has no intention of giving in to these groups but rather is trying to avoid the whole problem of having refugee applicants sitting in jail for months and even years. The new revision effectively sets a limit for asylum applications at three, meaning after the third rejection, the applicant can be forced to return to their home country, regardless of whether they attempt to reapply. Critics of the revision have said, in Tokyo Shimbun’s words, that if it is passed in its present form it would be like “pressing the button for these refugees’ execution,” meaning that they would be sent back to the countries they escaped from and there would likely face arrest and further persecution, maybe even death. The government has said that the purpose of the three-time application limit is to prevent “abuse” of the system, which, for all intents and purposes, does not really consitute a system at all. As we have written repeatedly, applications for asylum are routinely rejected by immigration authorities (who have the sole authority to detain them—Japan is the only rich country in the world where courts have no say in immigrant detention, meaning they do not receive the due process guaranteed by the Constitution), who essentially say they don’t believe that the applicants are in any danger in their home countries because they do not submit sufficient “documentary proof” of their persecution. In other words, they can say anything they want, which usually comes down to the judgement that self-identified refugees are lying about their situations and coming to Japan for “economic reasons.”
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