Points of consideration
Related to global and domestic refugee and statelessness issues

Tokyo, July 2015

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

1Introduction

The Government and the people of Japan continue to provide strong political, financial andother relevant support to UNHCR’s global activities in relation to refugees, internallydisplaced persons (IDP) as well as stateless persons. UNHCR deeply appreciates thissupport, which has been critical in our – and our partners’ - efforts to respond to an everincreasing number of humanitarian crisis situations world-wide.
UNHCR also wishes to express its sincere appreciation to the Government of Japan forundertaking - during the previous legislative period - a number of important steps in supportof domestic refugee protection matters. Such steps include the decision to transform thepresent pilot resettlement programme into a regular refugee resettlement programme from2015 and the establishment of a Sub-Committee under the Ministry of Justice to review thedomestic asylum system. As to the latter, UNHCR wishes to acknowledge the fact that it has
been given an opportunity to actively contribute to the deliberations of the committee.
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 ofinternational protection will have access to their rights enshrined in the 1951 Convention
relating to the Status of Refugees (hereafter 1951 Convention).
Against this backdrop, UNHCR wishes to highlight four areas which are critical to the work of
the office – together with a set of recommendations - which we hope to pursue with theGovernment and other relevant counterparts in close dialogue and in a spirit of partnership.
We hope that by presenting the four thematic areas listed below in one document it willserve 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 a major donor to UNHCR and, in 2014, Japan’s contribution to UNHCR marked
US$181,612,466. Over the years, Japan has managed to position itself as a prestigious
leader in humanitarian support. The country has gained enormous respect for its strong
humanitarian engagement and has featured as a good practice example. Japan’s
Humanitarian Aid Policy as well as the Development Cooperation Charter, in particular, are
key in advancing policy matters on forced displacement issues. Taking Human Security as
the central concept, these policies enhance cooperation with international agencies,
amongst other partners, in tackling global issues such as human displacement. Japan also
takes a leading role in ensuring synergies between humanitarian and development funding
and partnership, which is critical for the seamless transition from emergency response todevelopment and to finding solutions to refugee situations.
UNHCR’s needs based budget alone is currently US$ 6.90 billion. Given the number, size,and complexity of new emergencies, needs are growing considerably faster than the level offunds available to UNHCR and its partners. We thus wish to express the hope that Japan willcontinue to take a leading role in responding to humanitarian needs and will be able to2further strengthen its contributions to the protection and assistance of refugees, IDPs andstateless persons.
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, human resource and technical cooperation) for UNHCR's global operations. TheOffice will also seek to deepen its partnership in the areas of humanitarian assistance,
peace-building 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
public awareness on the issue of forced displacement and humanitarian crisis, and on how
Japan's humanitarian resources continue alleviating the suffering of millions of displacedpersons. With this in mind, UNHCR will strive to further enhance public information andoutreach activities, such as the World 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
the visibility of Japan’s contributions to global refugee issues. UNHCR encourages that theGovernment takes a leading role in creating an environment where awareness on
displacement can be effectively raised in close cooperation with UNHCR and other relevantactors.

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 refugeeprotection and search for solutions”. In the resolution, GOJ renewed its commitment ‘todevelop a comprehensive asylum process in Japan’. In UNHCR’s view, such acomprehensive approach encompasses the following areas:- Development of a comprehensive asylum law and creation of a dedicated refugee
agencyWith 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 is developed, covering issues including reception arrangements, refugee statusdetermination as well as integration matters. It is also recommended that such legislation
should ensure, inter alia, access by refugees and those with complementary forms ofprotection to national social welfare schemes. Such a law, which should be separate fromthe legislation governing immigration control related matters, should clearly stipulate therights and obligations of asylum seekers and refugees, as well as contain clear references
related to the responsibilities of different authorities in asylum and refugee matters.
In a time of rising numbers of asylum seekers coming to Japan, it will also be important toconsider 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, will3

undoubtedly ensure a more holistic, efficient and protection oriented approach to asylum
related issues.
- Appropriate reception conditions for asylum-seekers
As mentioned above, asylum legislation should clearly stipulate the responsibility of Japan
under the 1951 Convention to which Japan is a signatory; as part of this, such legislation
should highlight and 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 betaken into account: The issuance of proper identity cards for asylum-seekers be ensured for the periodthat the refugee status is being determined by the authorities;
 The state assistance scheme for asylum-seekers be reviewed to ensure that theirbasic needs, including necessary financial means, food, clothing, accommodation,and medical care are covered throughout the refugee status determination process,regardless of the the applicant’s residency status;
 Reception conditions be developed that reflect age, gender, and diversity sensitivity
and which 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 and persons with disabilities need to be adequately
taken care of); Pending a decision of the preliminary screening (including examination ofadmissibility of the re-application), the applicant be entitled to support and reception
conditions on a par with regular asylum seekers; and,
 Asylum seekers should be granted a permission to work, if the length of the refugee
status determination 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 thoseto whom international refugee protection is to be conferred to and establish key principles,
including the non-penalization 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 matterof principle 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 forcertain categories of vulnerable persons. Should asylum-seekers be detained, they should
be entitled to minimum procedural guarantees and minimum standards of treatment, such asappropriate medical treatment.
Based on the positive developments in relation to promoting ATD in Japan, including theMemorandum of Understanding that was concluded by the Immigration Bureau, the Forumfor Refugees Japan (FRJ) and the Japan Federation of Bar Associations (JFBA), it is hopedthat the use of ATD will be expanded further and that the necessary financial support forsuch a programme will be made available.
- Fair and efficient asylum procedures
Fair and efficient as well as transparent asylum procedures are critical to identify those whoshould benefit from international protection under the 1951 Convention, the 1967 Protocol as4

well as other relevant international norms, in a speedy manner. With this in mind, thefollowing core elements of a well-functioning asylum process – in keeping with international
refugee protection principles – will need 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 of continuous training and capacity
building of all actors involved in the asylum process, particularly the decision makers at alllevels of the process, (5) the introduction of adequate legal provisions, including a clear setof criteria and procedural safeguards for the treatment of repeat applications and thegranting of complementary forms of protection, (6) the allocation of sufficient financial andhuman resources to maintain an efficient RSD process, and, (7) well-establishedmechanisms that assure a consistent high quality of the decision making process.
As a general principle, proper interpretation and application of the eligibility criteria in the1951 Convention must be fully guaranteed. In realizing this, UNHCR guidelines andinternational standards and principles should be duly considered and applied in the RSDdecision making process.
In order to assist the Government of Japan to further increase the fairness and the efficiencyof the Refugee Status Determination (RSD) process and to clear existing backlogs ofpending asylum claims, UNHCR stands ready to cooperate closely with the Ministry ofJustice, for example in following areas: 1. Providing additional comprehensive training andcapacity building opportunities for all officials involved in the RSD process at all levels; 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 inpursuing the recently agreed recommendations of the Sub-Committee as speedily aspossible.
- Integration of refugees under a new comprehensive framework
For individuals recognized as a refugee, all necessary steps should be taken to ensure theirsmooth and speedy integration into Japanese society. Of particular importance in this regard
is that the Government makes every effort to expedite naturalization proceedings forrefugees and to reduce fees for acquiring citizenship. It is suggested that the Government
develops a comprehensive integration support programme, with a clear responsibility
allocation among different actors. In this regard it is considered important to forge close
partnerships between central and local government entities, the municipalities, relevant civilsociety organizations and the refugees.
While those who are granted special permission to remain in Japan on humanitarian
grounds are entitled to certain benefits, they should also be provided with a morecomprehensive set of rights, including state assistance for their integration.
Those provided with complementary forms of protection should enjoy a formal legal status
and should be granted the necessary civil, political, social and economic rights, such as theright to speedy family reunification.
Concerning family reunification, given that the right to family unity is one of the fundamental
human rights refugees should be able to enjoy, UNHCR encourages the Government ofJapan to consider separating social welfare issues from the issue of reunification of refugees
and their families.
5- 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, plays an important factor in maintaining a credible refugee
status determination system.
A legislative framework and effective system should be put in place that fairly andtransparently regulates the treatment of rejected asylum-seekers who are not entitled todomestic protection or other rights to remain. Such a regulation may include the provision ofcounseling 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 the treatment of such persons includes that they be treated ina humane manner and in full respect for their human rights and dignity.

3. Resettlement and Humanitarian Admission
In 2010, the Government of Japan initiated a resettlement pilot project as the first country in
Asia and for the past five years, it has welcomed eighty-three refugees from Myanmar fromthe camps in Thailand. Following the pilot phase, a Cabinet agreement was adopted inJanuary 2014 to start an official resettlement programme as from 2015. UNHCR welcomesthe Government’s decision and stands ready to provide support in whatever manner theGovernment considers necessary. UNHCR recommends that the Government implements
the resettlement programme as flexibly as possible, including the application of its selectioncriteria, considering the humanitarian nature of the programme.
Given the dire global refugee situation, with an ever increasing number of new refugee
emergencies, including the ongoing Syria crisis, it is hoped that the Government of Japan
will favorably consider the admission of Syrian refugees on humanitarian grounds, in order topreserve the protection space for Syrian refugees in the neighboring countries, as animportant sign of international burden and responsibility sharing. Such a humanitarian
admission can take various forms, including through liberal visa arrangements, family
reunification as well as labor migration schemes.

4. Statelessness
In support of UNHCR’s global campaign to bring statelessness to an end within the next 10years, which was launched by UNHCR in November 2014, it is hoped that Japan willconsider acceding to the two Statelessness Conventions. Such a step would constitute animportant contribution to the campaign and would likely encourage other countries in theregion to follow Japan’s lead.
To work towards obtaining a clear picture on the patterns of statelessness and to estimate
the number of stateless persons in Japan, it is recommended to embark on a mappingexercise related to statelessness in close cooperation with UNHCR. Furthermore, in order tostandardize identification and registration of stateless persons, the establishment of a6

dedicated and centralized statelessness status determination procedure should be favorably
considered.

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