Silviase/jgov_v1.4_full_ann huggingface dataset:
Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Health, Labor and Welfare, and the Japan Coast Guard have been discussing measures to properly deal with violations of the Act while sharing information and developing close cooperation among them. In FY 2006, the council discussed (i) the present situation of illegal entry and possible countermeasures, (ii) the present situation of illegal foreign workers and possible countermeasures, and (iii) the present situation of trafficking in persons and possible countermeasures.

In line with the action plans decided by the Ministerial Meeting Concerning Measures against Crimes and the Headquarters to Promote Responses to International Terrorism and International Organized Crime, the Immigration Bureau has been enhancing its countermeasures against illegal entry and illegal foreign residents. The Immigration Bureau has also developed close cooperation in sharing information with the other authorities concerned, such as the Headquarters for the Promotion of Measures to Prevent Firearms, the Headquarters for the Promotion of Measures to Prevent Drug Abuse, and the Council for Regulation of Smuggling, aiming at effectively regulating serious violations of the Act.

## 2 Measures against Illegal Foreign Workers

To deal with the issue of illegal foreign workers, efforts should be made from various perspectives. For this reason, it is necessary to reinforce cooperation among the authorities concerned and to build a more effective cooperative structure.

To this end, the Immigration Bureau reports or brings charges to the investigating authorities against unscrupulous employers and brokers of illegal foreign workers in order to encourage the authorities to impose criminal punishments for the crime of facilitating illegal employment practices. The Immigration Bureau also requests the investigating authorities to apply penal provisions under the relevant laws and ordinances when finding any cases where employers or brokers coerce illegal foreign workers into prostitution or exploit them without paying sufficient wages.

There is a growing demand, from the perspective of globalization, for measures to accept foreign workers in broader fields and for smoother procedures. Meanwhile, in light of the fact that illegal employment of foreign nationals has become a serious social problem, the Immigration Bureau also participates in the Liaison Council of the Ministries and Agencies on the Issue of Foreign Workers, which was established under the Cabinet Secretariat. The Immigration Bureau, the Cabinet Office, the National Police Agency, the Ministry of Internal Affairs and Communications, the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Education, Culture, Sports, Science and Technology, the Ministry of Health, Labour and Welfare, the Ministry of Agriculture, Forestry and Fisheries, the Ministry of Economy, Trade and Industry, and the Ministry of Land, Infrastructure and Transport have been discussing the issue of illegal foreign workers.
while examining various matters concerning the acceptance of foreign nationals including foreign workers.

The National Police Agency, the Ministry of Justice, and the Ministry of Health, Labour and Welfare have periodically exchanged information at the Liaison Council of Director-Generals on Measures against Illegal Foreign Workers, and the Conference on Measures against Illegal Foreign Workers and have discussed specific measures on the issue of illegal foreign workers, including joint detection.
# Chapter 5 Refugee Recognition Procedures

## Section 1 ☐ New System of Refugee Status Recognition

An amendment of the Immigration Control Act was enforced on May 16, 2005, whereby the conventional refugee recognition system was significantly modified. The amended Act contributed to providing a more stable legal status to foreign nationals who had applied for refugee status, and also enhanced fairness and neutrality in the refugee recognition procedures.

## Operation of the System for Permitting Provisional Stay

With the aim of guaranteeing the stable legal status of illegal foreign residents who have applied for recognition of refugee status, the new system of refugee status recognition introduces the system for permitting "provisional stay". If a foreign national is granted the status of "provisional stay", the Immigration Bureau will suspend the deportation procedures while continuing with the refugee recognition procedures without detaining him/her. The Immigration Bureau permits provisional stay, if the applicant for recognition of refugee status satisfies the following requirements: 1) there are no reasonable grounds to suspect that he/she falls under any of the provisions for deportation; 2) he/she applied for recognition of refugee status within six months after the day of landing in Japan (if grounds for being a refugee arose during his/her stay in Japan, the day of knowing such grounds); 3) he/she entered Japan directly from a territory where he/she was likely to be persecuted; 4) he/she has not been sentenced, after entering Japan, to imprisonment with or without work on a charge of a certain crime as stipulated in the Penal Code; 5) a written deportation order has not been issued to him/her; and 6) there are no reasonable grounds to suspect that he/she is likely to flee.

## 2 Stabilizing the Legal Status of Recognized Refugees

If an illegal foreign resident applies for recognition of refugee status based on the new system of refugee status recognition, the Immigration Bureau will proceed with the refugee recognition procedures and the residence permission procedures simultaneously in order to decide the applicant's legal status as early as possible. If the illegal foreign resident is recognized as a refugee and satisfies certain requirements, the bureau will grant him/her the status of "Long Term Resident".

Even if the applicant does not meet the said requirements, the Minister of Justice may grant a
status of residence, if the minister finds that there are extenuating circumstances to do so. (Chart 20)

Chart 20 : Flow chart of procedures for recognizing illegal foreign nationals as refugees

~Procedures for recognition of refugee status and for deportation are carried out simultaneously~

## Section 2 ☐ Promoting the Handling of Applications for Recognition of Refugee Status

The number of applicants for recognition of refugee status in Japan was 954 in 2006, marking a record high since the launch of the system of refugee status.

As for recently filed applications for recognition of refugee status, the nationalities of applicants have become more diversified, the circumstances of the applicants have become more complicated, and the refugee recognition system is more frequently being abused. Furthermore, it is not an easy
task to inquire into the facts necessary for the refugee recognition procedures because events based on which applications are filed have generally occurred in foreign countries.

In order to deal properly with the problems arising from these circumstances, such as an increase in the time required for handling applications and an increase in the number of applications that have yet to be handled, the following measures have been taken.

## 1 Enhancing and Strengthening the Refugee Examination System

With the aim of strengthening the examination system, additional officials were assigned as refugee inquirers in order to respond to the increase in the number and complexity of applications for recognition of refugee status. Training has been provided for staff in charge of refugee recognition procedures every year, aiming at improving the knowledge base and research skills of the refugee inquirers. The training introduces lectures given by psychologists in order to allow the staff to acquire skills in interviewing applicants for recognition of refugee status who have suffered from psychological trauma, with the aim of improving the quality of refugee inquirers, so that they can interview applicants for recognition of refugee status who have differing reasons and backgrounds in an appropriate manner, in consideration of the human rights of these applicants.

## 2 Providing Refugee Information

The Immigration Bureau provides regional immigration bureaus and their offices with collected information on the national origins of refugees, including materials prepared by the Ministry of Foreign Affairs, materials prepared by the UNHCR (United Nations High Commissioner for Refugees) and the human rights reports of Amnesty International, to enable smoother administration work.

## 3 Improving Interpreting Services

When interviewing an applicant for recognition of refugee status, regional immigration bureaus and their offices arrange to interview the applicant through an interpreter in the official or everyday language in the applicant's country of nationality or habitual residence. For this reason, regional immigration bureaus and their offices are making efforts to secure interpreters for each language.

## Section 3 ☐ The Refugee Examination Counselors System

In order to realize the fairness and neutrality of procedures for the recognition of refugee status, the Minister of Justice consults with refugee examination counselors when making a decision on an objection filed by an applicant.
Refugee examination counselors are appointed from those who have a reputation of good-standing, are able to make a fair decision on objections to the denial of recognition of refugee status, and have an academic background in law or international affairs. They are recommended by the UNHCR (United Nations High Commissioner for Refugees), the Japan Federation of Bar Associations, the Refugee Assistance Headquarters and other agencies, and are appointed by the Minister of Justice.

The Minister of Justice consults with three refugee examination counselors on all cases of objections to the denial. However, prior to this, oral statements in which the person who filed an objection and other persons concerned have stated opinions are made, and an informal examination in which refugee inquirers and refugee examination counselors ask questions to the person who filed the objection and other persons concerned is held.

After the oral statements and informal examination, refugee examination counselors prepare written opinions following the exchange of opinions with other refugee examination counselors and submit them to the Minister of Justice. There is no predetermined format for a written opinion, and some written opinions contain not only the determination of whether the person who filed the objection is deemed to be a refugee but also requests for special arrangements to enable the person who filed the objection to reside in Japan.

In 2006, refugee examination counselors submitted written opinions on 123 cases. Of these, six cases were deemed to be refugees and 11 cases were deemed not to be refugees but recognized as subject to special arrangements, enabling them to reside in Japan.
# Chapter 6 Addressing the Global Community

# Section 1 ☐ Treaties and International Conventions

## 1 Negotiations on Treaties

## ( 1 ) Negotiations on EPAs (Economic Partnership Agreements)

### A. Negotiations on the Japan-Malaysia Economic Partnership Agreement

An agreement between the Government of Japan and the Government of Malaysia on an Economic Partnership came into force on July 13, 2006. With regard to the movement of natural persons (entry and temporary visits), the agreement stipulates the acceptance of business visitors, intra-corporate transferees, independent professionals (e.g., attorneys), contractual service providers (those under the status of residence of "Engineer" or "Specialist in Humanities/International Services"), and investors.

### B. Negotiations on the Japan-Philippines Economic Partnership Agreement

An agreement between Japan and the Republic of the Philippines on an Economic Partnership was concluded on September 9, 2006 (still to come into force as of April 2007). With regard to the movement of natural persons, the agreement stipulates the acceptance of business visitors, intra-corporate transferees, investors, independent professionals (e.g., attorneys), contractual service providers (those under the status of residence of "Engineer" or "Specialist in Humanities/International Services"), and nurse and welfare caretaker candidates.

### C. Negotiations on the Japan-Thailand Economic Partnership Agreement

An agreement between Japan and the Kingdom of Thailand on an Economic Partnership was concluded on April 3, 2007 (still to come into force as of April 2007). With regard to the movement of natural persons, the agreement stipulates the acceptance of business visitors, intra-corporate transferees, investors, independent professionals (e.g., attorneys), contractual service providers (those under the status of residence of "Engineer," "Specialist in Humanities/International Services" or "Skilled Labor: Thai cooks"), and instructors (those under the status of residence of "Educator"), as well as continuous negotiation on the acceptance of welfare caretakers.
### D. Negotiations on the Japan-Indonesia Economic Partnership Agreement

Japan and Indonesia agreed on the core elements of a Japan-Indonesia Economic Partnership Agreement in November 2006, and are now working towards conclusion of the agreement. With regard to the movement of natural persons, the two nations agreed on the acceptance of business visitors, intra-corporate transferees, investors, independent professionals (e.g., attorneys), contractual service providers (those under the status of residence of "Engineer" or "Specialist in Humanities/International Services"), and nurse and welfare caretaker candidates. The two countries are also considering programs for training and a technical internship program in the area of hotel service as relevant cooperation.

### E. Negotiations on the Japan-Chile Economic Partnership Agreement

An agreement between Japan and the Republic of Chile for a Strategic Economic Partnership was concluded on March 27, 2007 (still to come into force as of April 2007). With regard to the movement of natural persons, the agreement stipulates the acceptance of business visitors, intra-corporate transferees, investors, and contractual service providers (those under the status of residence of "Engineer" or "Specialist in Humanities/International Services").

## ( 2 ) Status of Countries at the Stage of Consultations on the Possibility of Entering Negotiations on a Bilateral Economic Partnership Agreement

Negotiations on bilateral economic partnership agreements are also being carried out with Brunei, Viet Nam, GCC (Gulf Cooperation Council), India, Switzerland and Australia (as of April 2007).

## ( 3 ) WTO Service Negotiations

In negotiations on the liberalization of service trade negotiations, Japan is currently (as of April 2007) proposing a revised offer on trade in services to the WTO Headquarters. In the "offer common to all areas," Japan offers acceptance of the entry and temporary visits of (i) intracorporate transferees (including management executives), (ii) independent professionals, (iii) business visitors, and (iv) contractual service providers (those under the status of residence of "Engineer" or "Specialist in Humanities/International Services").

## ( 4 ) Reports and Examinations in Accordance with Human Rights Treaties/Covenants

Since Japan is a signatory nation to the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention of the Rights of the Child, and
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the government has the obligation to report on the status of implementation of these treaties $ ^{*} $ . The Immigration Bureau is involved in the drafting of reports, the examination of governmental reports, and follow-up thereof. Japan is now (as of April 2007) working for the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance, a new treaty on human rights, signed in February 2007. The Immigration Bureau is involved in this work from the perspective of immigration control.

## ( 5 ) Other Treaties

The Convention on Facilitation of International Maritime Traffic (FAL Convention) 1965, which includes the introduction of port-related document formats and simplification of procedures, entered into force in Japan on November 1, 2005. The Immigration Bureau is making adjustments as needed with a view to maintaining consistency with the immigration control system in Japan (including the implementation of the Immigration Control Act). Similar adjustments are being made under Annex 9 of the Convention on International Civil Aviation (Chicago Treaty), which aims for simpler procedures for immigration control, customs clearance, medical inspection and airport management.

## 2 International Conventions

## ( 1 ) G8 Rome/Lyon Group Immigration Intelligence Officers Conference

The G8 Rome/Lyon Group Immigration Intelligence Officers Conference, which is a working group to discuss measures against terrorism and transnational organized crimes at the G8 level, is discussing measures that the G8 members can take cooperatively in the area of immigration control in order to counteract terrorism, trafficking in persons and the forging or alteration of documents.

Three meetings in total were held in Moscow, Russia in 2006, and officials from the Immigration Bureau attended all three to exchange information and opinions with their counterparts in other countries.

## (2) Pacific Rim (PACRIM) Immigration Intelligence Officers Conference

This conference has been held once every year since 1994 with the aim of promoting
information exchange and cooperation among immigration officials in charge of information management in the Asia-Pacific region.

Aiming at promoting information exchange for practical purposes, the conference discusses various issues such as illegal immigrants, forged or altered documents, and stowaways.

Officials of the Immigration Bureau attended the 12th conference held in Hong Kong in November 2006 to participate in information exchange.

## (3) Asia-Europe Meeting (ASEM) of Immigration Director-Generals

This meeting has been held every year since 2002 as a place where immigration officials from Asian and European countries gather and discuss the issue of illegal entry and stay. This meeting provides participants with opportunities to exchange and collect opinions and information that are useful in considering measures against illegal immigration. For this reason, the Immigration Bureau sends its officials to participate in information exchange. In December 2006, the fifth meeting was held in Kuopio, Finland to discuss policies toward legal and illegal immigrants and countermeasures against trafficking in persons.

## ( 4 ) Other International Conferences

In addition to the international conventions mentioned above, the Immigration Bureau has been participating in negotiations on bilateral economic partnerships and counter-terrorism measures as well as discussions with the consular authorities or the security authorities, aiming at actively making efforts to explain the standpoint of Japan and develop cooperative relationships. The Immigration Bureau also has an active involvement in discussions on the Continuous Reporting System on Migration of the Organization for Economic Cooperation and Development (OECD/SOPEMI), the Regional Conference on Human Trafficking, the Control Authorities Working Group of the International Air Transport Association (IATA/CAWG), the Facilitation Workshop of ICAO (International Civil Aviation Organization), and other multilateral meetings aimed at exchange of information and opinions and improvement of cooperative relationships.

The duties of the Immigration Bureau are also closely related to discussions at the UNHCR Executive Committee, the Asia-Pacific Consultations on Refugees, Displaced Persons and Migrants (APC), and the Immigration Expert Committee in the Asia Pacific Economic Cooperation (APEC) Conference. Therefore, the Immigration Bureau actively participates in these discussions.
## Section 2 ☐ Holding Various Seminars

The movement of people beyond national borders gives rise to the contradictory issues of promoting its smoother implementation, but taking stricter measures to counteract terrorism. One single country is limited in the extent to which it can address this issue, making cooperative bilateral, regional and multinational approaches especially important. Therefore, the Immigration Bureau recognizes the critical importance of enhanced international cooperation, including exchanges of information on immigration control, and has been participating in the following programs as part of the ODA (Official Development Assistance) programs, aiming at successfully transferring administrative knowledge and skills to Asian countries and regions and establishing an information network and cooperative framework among the immigration authorities in Asia. (Chart 21)

Chart 21: Chart of ODA programs related to the Immigration Bureau

## 1 Seminar on Immigration Control in East Asian Countries

Since FY 1987, the Immigration Bureau has been inviting the executive officers of the immigration control authorities of Asian countries and regions to seminars every year and has been providing them with opportunities to exchange opinions and information on immigration control affairs in Asia. The Immigration Bureau believes that constructive exchange of opinions and information has helped the participating countries in designing effective immigration control measures and implementing such measures effectively.

The 20th seminar was held in November 2006, and the participants actively exchanged their opinions with respect to preventing the entry of international terrorists and international criminals into the country; the current status, problems and countermeasures with regard to cooperation with