Points of consideration
Related to global and domestic refugee and statelessness issues (Update I)Tokyo, May 2017

UNHCR Representation in Japan
Wesley Center
6-10-11, Minami-Aoyama, Tokyo
107-0062
Telephone: 03-3499-2011, Fax: 03-3499-2272
www.unhcr.or.jp

Introduction

The Government and the people of Japan continue to provide strong political, financial and otherrelevant support to UNHCR’s global activities in relation to refugees, internally displaced persons(IDP) as well as stateless persons. UNHCR deeply appreciates this support, which has been criticalin our – and our partners’ - efforts to respond to an ever increasing number of humanitarian crisis
situations world-wide.
UNHCR also wishes to express its sincere appreciation to the Government of Japan for undertaking- during the previous legislative period - a number of important steps in support of domestic refugeeprotection matters. Such steps include the decision to admit 150 Syrian students and their family
members under scholarship programmes and to initiate regular consultations with UNHCR todiscuss a wide range of domestic asylum issues. UNHCR also wishes to acknowledge it has been
given an opportunity to actively contribute to the deliberations of the Monitoring Committee, which
was newly created to oversee the pre-screening process in the context of refugee statusdetermination procedure with a view to efficiently handle an increasing number of asylum
applications.
It is hoped that Japan will continue its leadership role in the area of international cooperation. Equally,
it is hoped that the Government will proactively pursue its efforts to further strengthen its national
asylum system with a view to ensuring that all persons in need of international protection will haveaccess to their rights enshrined in the 1951 Convention relating to the Status of Refugees (hereafter
1951 Convention).
Against this backdrop, UNHCR updated the original document released in July 2015 to highlightfour areas which are critical to the work of the office in light of today’s circumstances – together witha set of recommendations – which we hope to pursue with the Government and other relevant
stakeholders in close dialogue and in a spirit of partnership. We hope that presenting the fourthematic areas listed below in one document will serve as a useful reference point for all interested
in global as well as domestic affairs related to refugees and stateless persons.
1. Partnership and public awareness2. Establishment of a comprehensive asylum system
3. Resettlement and Humanitarian Admission
4. Statelessness
1. Partnership and public awarenessJapan is one of UNHCR’s top 5 donor countries and, in 2016, Japan’s contribution to UNHCR
marked US$164,726,114. Over the years, Japan has managed to position itself as a prestigious
leader in humanitarian support. The country has gained enormous respect for its strong
humanitarian engagement and has featured as a good practice example. Japan’s Humanitarian Aid
Policy as well as the Development Cooperation Charter, in particular, are key in advancing policy
matters on forced displacement issues. Taking Human Security as the central concept, thesepolicies enhance cooperation with international agencies, amongst other partners, in tackling global
issues such as human displacement. Japan also takes a leading role in ensuring synergies between
humanitarian and development funding and partnership, which is critical for the seamless transition
from emergency response to development and to finding solutions to refugee situations.
UNHCR’s needs based budget alone is currently US$ 7.45 billion. Given the number, size, andcomplexity of new emergencies, needs are growing considerably faster than the level of funds
available to UNHCR and its partners. We thus wish to express the hope that Japan will continue totake a leading role in responding to humanitarian needs and will be able to further strengthen its
contributions to the protection and assistance of refugees, IDPs and stateless persons. This iseven more crucial as donor fatigue as well as decreased funding expected from some other major
2donors to UNHCR will make it increasingly difficult to uphold current levels of UNHCR’s global
refugee and humanitarian response. UNHCR appreciates Japan’s proactive participation in theinternational dialogue on refugees and migration in preparation and following the UN General
Assembly’s Summit Meeting on Refugees and Migrants and the support to UNHCR’s work on
formulating a Global Compact on Refugees.
It is in this context that UNHCR will - as part of its external relations and partnership building activities- continue to facilitate the mobilisation of Japan's humanitarian resources (financial, in-kind, humanresource and technical cooperation) for UNHCR's global operations. The Office will also seek todeepen its partnership in the areas of humanitarian assistance, peace-building, humanitarian anddevelopment nexus and solutions/development not only with relevant government ministries andagencies, but also with bilateral development agencies, including UN/International Organizations,
JICA, civil society and NGOs.
In order to garner the necessary support, UNHCR considers it indispensable to enhance publicawareness on the issue of forced displacement and humanitarian crisis, and on how Japan's
humanitarian resources continue alleviating the suffering of millions of displaced persons. With thisin mind, UNHCR will strive to further enhance public information and outreach activities, such as theWorld Refugee Day and the UNHCR Refugee Film Festival together with a wide range of partners,
such as the media, academic and cultural institutions, student groups, the private sector, as well as
the Japan Association for UNHCR.
Proactively engaging the public in refugee protection debates not only helps to create anunderstanding towards the displaced, but also provides valuable opportunities to increase thevisibility of Japan’s contributions to global refugee issues. UNHCR encourages that the Government
takes a leading role in creating an environment where awareness on displacement can be effectively
raised in close cooperation with UNHCR and other relevant actors.

2. Establishment of a comprehensive asylum system
In November 2011, on the occasion of the 60th anniversary of the adoption of the 1951 Convention
and the 30th anniversary of Japan’s accession thereto, the Diet of Japan adopted unanimously a“resolution concerning Japan’s continued commitment to refugee protection and search forsolutions”. The Diet resolution called on the GOJ ‘to develop a comprehensive asylum process inJapan’. In UNHCR’s view, such a comprehensive approach encompasses the following areas:- Development of a comprehensive asylum law and creation of a dedicated refugee agency
With reference to the above Resolution and for Japan to develop a truly comprehensive asylum
process and system, it is recommended that an appropriate and dedicated legal framework isdeveloped, covering issues including reception arrangements, refugee status determination as wellas integration matters. It is also recommended that such legislation should ensure, inter alia, accessby refugees and those with complementary forms of protection to national social welfare schemes.
Such a law, which should be separate from the legislation governing immigration control related
matters, should clearly stipulate the rights and obligations of asylum seekers and refugees, as wellas contain clear references related to the responsibilities of different authorities in asylum andrefugee matters.
In a time of rising numbers of asylum seekers coming to Japan, it will also be important to consider
the establishment of a dedicated government agency that is responsible for all key refugee-related
matters. The creation of such an agency, which would consolidate the tasks which are currently
dealt with by different ministries and governmental entities, will undoubtedly ensure a more holistic,
efficient and protection oriented approach to asylum related issues. Furthermore, it would be
extremely important for the Ministry of Justice, which is responsible for adjudicating asylum
applications, to build its own capacity to train its staff in refugee status determination and refugeeprotection as well as its research capacity of country of origin information.
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- Appropriate reception conditions for asylum-seekers
As mentioned above, asylum legislation should clearly stipulate the responsibility of Japan underthe 1951 Convention to which Japan is a signatory; as part of this, such legislation should highlightand confirm the responsibility of the State to provide the necessary support from the moment an
asylum-seeker declares his/her intention to seek protection against persecution in Japan, be it at
the border (airport or seaport) or within the territory.
As part of the overall arrangement related to reception conditions, the following should be taken into
account:-seekers be ensured for the period that the
refugee status is being determined by the authorities;-seekers be reviewed to ensure that their basic needs,
including necessary financial means, food, clothing, accommodation, and medical care are covered
throughout the refugee status determination process, regardless of the applicant’s residency status;
ensure adequate support for applicants with special needs (in particular, the specific needs of
unaccompanied and separated children, victims of sexual violence, of trauma and torture andpersons with disabilities need to be adequately taken care of);ary screening (including examination of admissibility of the reapplication), the applicant be entitled to support and reception conditions on a par with regularasylum seekers; and,f the refugee statusdetermination procedure exceeds 6 months.
- Detention of asylum-seekers and the use of Alternatives to Detention (ATD)
The 1951 Convention and the 1967 Protocol relating to the Status of Refugees define those to whominternational refugee protection is to be conferred to and establish key principles, including the nonpenalization for illegal entry of persons in need of international protection.
Based on this, the detention of asylum-seekers and refugees should be avoided as a matter ofprinciple and be a measure of last resort only. Fundamentally, asylum-seeking children should not
be detained at all. ATD should be sought and given preference, in particular for certain categories
of vulnerable persons. Should asylum-seekers be detained, they should be entitled to minimum
procedural guarantees and minimum standards of treatment, including appropriate medical care.
UNHCR is pleased to note the intention of the Government of Japan to join the Global Strategy –Beyond Detention 2014-2019 as a focus country from 2017. UNHCR is looking forward to working
with the authorities concerned on the following three main goals of the Strategy: (I) End thedetention of children, (II) Ensure ATDs are available in law and implemented in practice, and (III)
Ensure that conditions of detention where detention is necessary and unavoidable meetinternational standards.
- Fair and efficient asylum procedures
Fair and efficient as well as transparent asylum procedures are critical to identify those who should
benefit from international protection under the 1951 Convention, the 1967 Protocol as well as otherrelevant international norms, in a speedy manner. With this in mind, the following core elements ofa well-functioning asylum process – in keeping with international refugee protection principles – willneed to be ensured: (1) the independence of the appeal process, (2) provision of legal support at
all stages of the asylum process, (3) compilation and availability of independent, up-to-date, relevant
and reliable country of origin information as a basis for solid asylum decisions, (4) the provision ofcontinuous training and capacity building of all actors involved in the asylum process, particularly
the decision makers at all levels of the process, (5) the introduction of adequate legal provisions,4

including a clear set of criteria and procedural safeguards for the treatment of repeat applications
and the granting of complementary forms of protection, (6) the allocation of sufficient financial andhuman resources to maintain an efficient RSD process, and, (7) well-established mechanisms thatassure a consistent high quality of the decision making process.
As a general principle, proper interpretation and application of the eligibility criteria in the 1951
Convention must be fully guaranteed. In realizing this, UNHCR guidelines and international
standards and principles should be duly considered and applied in the RSD decision making process.
In order to assist the Government of Japan to further increase the fairness and the efficiency of the
Refugee Status Determination (RSD) process and to clear existing backlogs of pending asylum
claims, UNHCR stands ready to cooperate closely with the Ministry of Justice, for example infollowing areas: 1. Providing additional comprehensive training and capacity building opportunities
for all individual officials involved in the RSD process at all levels and working closely with MoJ’s
training entity and the relevant sections to develop its capacity to provide comprehensive training
on RSD and refugee protection; 2. Providing technical advice and training for the establishment of
a dedicated country of origin unit within the Ministry of Justice; and, 3. Assisting with a joint review
of cases in the first instance and the appeal process as part of targeted training and capacity building
efforts.
It is in this regard that UNHCR looks forward to working with the Ministry of Justice in pursuing theagreed recommendations of the Sub-Committee as speedily as possible.
- Integration of refugees under a new comprehensive framework
For individuals recognized as a refugee, all necessary steps should be taken to ensure their smoothand speedy integration into Japanese society.
In this regard, it is suggested that the Government develops a comprehensive integration support
scheme. UNHCR notes that there are municipalities willing and capable of accommodating refugees,
including those who were resettled into Japan. It is considered important to forge closer partnerships
between central and local government entities, private sector, relevant civil society organizations,educational institutions and the refugees.
While those who are granted special permission to remain in Japan on humanitarian grounds areentitled to certain benefits, they should also be provided with a more comprehensive set of rights,
including state assistance for their integration.
Those provided with complementary forms of protection should enjoy a formal legal status andshould be granted the necessary civil, political, social and economic rights, as well as the right tospeedy family reunification.
Concerning family reunification, given that the right to family unity is one of the fundamental humanrights refugees should be able to enjoy, UNHCR encourages the Government of Japan to consider
separating social welfare issues from the issue of reunification of refugees and their families.
Finally, it is also important that the Government makes every effort to expedite naturalization
proceedings and reduce the fees for those refugees opting to acquire citizenship.
- Treatment of those who are found not to be in need of international protection
The treatment of individuals who have sought international protection and who, after due
consideration of their claims in full and fair procedures, are found neither to qualify for Convention
refugee status, nor to be in need of international protection on human rights and/or humanitarian
grounds, is an important factor in maintaining a credible refugee status determination system.
A legislative framework and effective system should be put in place that fairly and transparently
5regulates the treatment of rejected asylum-seekers who are not entitled to domestic protection orother rights to remain. Such a regulation may include the provision of counseling at the end of the
RSD process, provisions for assisted voluntary return and an effective and transparent return
monitoring system to ensure return in safety and dignity. The basic principle governing thetreatment of such persons includes that they be treated in a humane manner and with full respect
for their basic rights and dignity.
3. Resettlement and Humanitarian Admission
In 2010, the Government of Japan initiated a resettlement pilot project as the first country in Asiaand for the past five years, it has welcomed eighty-three refugees from Myanmar from the camps inThailand. Following the pilot phase, a Cabinet agreement was adopted in January 2014 to start an
official resettlement programme as from 2015. Through Japan’s regular resettlement programme,
forty refugees arrived from Malaysia in 2015 and 2016, bringing the total number of resettlement
arrivals to 123. UNHCR stands ready to provide support in whatever manner the Government
considers necessary. In view of the evolving global resettlement needs, UNHCR urges theGovernment of Japan to consider the next steps beyond the current resettlement programme that
focuses only on Myanmar refugees. A first modest step would be to fill the quota of 30 individuals
per year. To that end, it is recommended that the Government implements the resettlement
programme as flexibly as possible, including the alignment of the selection criteria with UNHCR’s
global resettlement policy, considering the humanitarian nature of the programme and considers the
expansion of the programme, taking into consideration the global needs.
The lack of municipalities willing to receive resettled refugees as well as the shortage of funds haveoften been cited as some of the challenges of the Central Government to expand the scope of thecurrent resettlement programme. In order to overcome such challenges, Government of Japan may
be encouraged to consider some of the good practices of other Governments where resettled
refugees are brought straight from the country of asylum and entrusted to the local government
where they are supported to settle down. With the Central Government’s support in terms of the
programme direction and technical advice, UNHCR believes that there are many such local
governments, particularly in areas of acute labour shortages, which are willing and capable toreceive refugees.
UNHCR welcomes GoJ’s decision and announcement at G7 Ise-Shima Summit, to admit 150 Syrian
students and their family members under scholarship programmes. UNHCR considers that such a
decision is an important gesture of international solidarity and responsibility sharing, and contributes
to preserve the protection space for Syrian refugees in the neighbouring countries. UNHCR hopesthat such a humanitarian admission can be expanded in various forms, including through liberal visa
arrangements, family reunification as well as broader labour migration schemes.
4. Statelessness
Since UNHCR launched a global accession campaign in October 2010 as well as the “I Belong”
campaign in November 2014 to bring statelessness to an end by end 2024, the number of State
Parties to the 1954 Convention relating to the Status of Stateless Persons drastically increased from65 to 89 States, and those of 1961 Convention on the Reduction of Statelessness from 37 to 68
States (as of 19 May 2017). Many States around the world including those which are not parties tothe above Conventions are making significant progress such as revising their nationality law or
establishing statelessness determination procedure. Given that previous studies commissioned by
UNHCR found that no drastic change in legislation is required for Japan to accede to two
Conventions, it is hoped that Japan will also consider acceding to the 1954 Convention and 1961
Convention joining other States.
Even while consideration of accession to the two Conventions is pending, it is desirable that thedefinition of statelessness under article 1 of 1954 Convention (part of customary international law)
be adopted in implementing the relevant legislation such as the Nationality Act and Immigration
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Control and Refugee Recognition Act, and be interpreted in a full and inclusive manner reflecting
the relevant UNHCR’s guidance. In order to standardize identification and registration of statelesspersons and to protect them, the establishment of a dedicated and centralized statelessness statusdetermination procedure should be favourably considered. Even without a formal statelessness
determination procedure, stateless persons and persons of undetermined nationality without
residency status and prospect of (re-) admission to another State should be systematically granted
special permission to stay, be protected from detention and provided with right to work and otherbasic rights. There is a need to systematically and flexibly implement article 2(3) of the Japanese
Nationality Act granting Japanese nationality to persons born in Japan of unknown or statelessparents, and article 8(4) of the same Act facilitating naturalization of stateless persons born in Japan.
Japan’s accession to the two Statelessness Convention and its efforts to strengthen its mechanism
to address statelessness would constitute an important contribution to the abovementioned
campaign to end statelessness and would likely encourage other countries in the region to follow
Japan’s lead.

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