Silviase/jgov_v1.4_full_ann huggingface dataset:
## Section 3 ◆The Refugee Examination Counselors System

In order to realize the fairness and neutrality of procedures for objections to denial of recognition of refugee status, the Minister of Justice shall consult with refugee examination counselors when making a decision on an objection filed by an applicant.

Refugee examination counselors shall be 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 circumstances. They are recommended by the UNHCR (United Nations High Commissioner for Refugees), the Japan Federation of Economic Organizations, the Refugee Assistance Headquarters and other agencies, and are appointed by the Minister of Justice.

The Minister of Justice shall consult 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 2005, refugee examination counselors submitted written opinions on 48 cases. Of these, five cases were deemed to be refugees and ten cases were deemed not to be refugees but recognized as subject to special arrangements, enabling them to reside in Japan.

## Section 4 ◆Information/Consultation Desks for Refugees

Since August 2003, the Immigration Bureau has been working to establish information/consultation desks at the Refugee Examination Department of the Tokyo Regional Immigration Bureau, regional immigration bureaus, and the 13 sections in the district immigration offices where refugee inquirers are assigned. The information desks answer inquiries by phone or through visits from the refugees themselves or from non-government organizations supporting refugee activities by providing a guide to the refugee recognition procedures and other related information.
# Chapter 7 Addressing Globalization

## Section 1♦Holding Various Seminars

Due to developments in modes of transportation and progress in information and communications technology, the movement of services, capital and information is becoming increasingly more active in the international community. The movement of natural persons has become the rule and not the exception, and therefore a smoother movement of natural persons is also needed.

However, in the wake of the September 2001 terrorist attacks on the US, more and more people have started to recognize that restricting the transnational movement of terrorists is also an important role for immigration control. As human trafficking is also a grave problem facing the international community, it is important to protect human trafficking victims as a domestic policy and to take preventive and protective measures at the border.

The cross-border movement of natural persons, which involves such conflicting aspects, cannot be completely controlled by unilateral actions, and therefore bilateral, interregional, and multilateral efforts are particularly necessary. In order to achieve the orderly movement of natural persons, it is of vital importance to reinforce transnational cooperation in exchanging information on immigration control.

## Chart 30 Chart of ODA programs related to the Immigration Bureau Starting from 1987

Seminar on Immigration Control

Consultation and views exchanged on immigration control

(Forum for continuous exchange of information)

Starting from 1995

Seminar on Document Examination Separate from Seminar on Immigration Control because of the demand for seminars for specialists of document examination.

Starting from 1995

Sponsored seminar by JICA Osaka International Center

Osaka Regional Immigration Bureau holds seminars for trainees from immigration organizations of Asian countries for a month at the request of JICA.
Based on such an understanding, the Immigration Bureau 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 30)

## 1 Seminar on Immigration Control

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 recognizes that constructive exchange of opinions and information has helped the participating countries in designing effective immigration control measures and implementing such measures effectively.

In particular, at the seminar held in FY 2001, the participants shared the same view, under the influence of the terrorist attacks on the United States on September 11, that individual countries were facing a new issue of terrorism prevention and therefore it was becoming increasingly necessary for immigration control authorities to further reinforce international cooperation among them. Among others, more emphasis was placed upon the necessity of international information sharing on immigration control.

The 19th seminar was held in November 2005, and the participants actively exchanged their opinions with respect to utilization of biometric technology to satisfy “stricter” but “smoother” human movements, management of information on foreign nationals and sharing of information with other countries.

## 2 Seminar on Document Examination

At the Seminar on Immigration Control, more and more participants are expressing a strong need for transfer of technologies for examining forged or altered documents and exchange of relevant information. To address their needs, the Immigration Bureau has been holding the Seminars on Document Examination since FY 1995, inviting experts who engage in examining forged or altered documents in the countries and regions that participate in the Seminars on Immigration Control. Particularly in recent years, the problems of illegal immigration and related transnational organized crimes have become more serious throughout the world. Also in Asia, travel documents that are elaborately forged or altered are frequently being used, and this is regarded as a common problem among the immigration control authorities in Asian countries.

At the seminar, the Immigration Bureau provides participants with techniques for examining
forged or altered documents, which have been accumulated by the Bureau, and also aims to promote effective technology transfer and information exchange while obtaining cooperation from other countries such as the United States, Canada, and Australia. Thus, the Immigration Bureau makes efforts to exclude foreign nationals attempting to enter illegally with the use of forged or altered documents.

In FY 2005, the 11th seminar was held in February 2006 at Narita Airport.

## Section 2 ◆Supporting the Training Program: Immigration Control Administration Course

Since FY 1995, the Osaka International Center of JICA (Japan International Cooperation Agency) has been providing a training program called the Immigration Control Administration Course. The Osaka Regional Immigration Bureau has provided full cooperation for this training program. This training program is intended to provide middle-level officers who carry out immigration control administration tasks in developing countries in Asia with information on current immigration control administration in Japan and technical training, thereby contributing to the development of immigration control administration and the establishment of its network in Asia.

## Section 3 ◆ Treaties and International Conventions

## 1 Negotiations on Treaties

(1) Negotiations on Economic Partnership Agreements (EPAs)

A. Japan-Mexico Economic Partnership Agreement

Based on an agreement at the Japan-Mexico summit in June 2001, the two nations set up a joint study group to comprehensively hold discussions among participants from industry, government and academia on reinforcement of the economic partnership. Following repeated bilateral negotiations based on the reports of the study group, in March 2004, Japan and Mexico reached a substantive agreement on the core elements of the Economic Partnership Agreement. This has opened the path to the final draft and signing of the agreement. The Japan-Mexico EPA was approved by the Diet at its 161st session, promulgated on March 4, 2005, and then came into effect on April 1, 2005.

Regarding the “movement of natural persons,” which is closely related to immigration control administration tasks, under the Japan-Mexico EPA, the two nations mutually allow
entry and temporary visits of (i) short term visitors on business (those on business trips), (ii) intra-company transferees, (iii) investors, and (iv) natural persons who are engaged in special work under individual contracts concluded with public or private organizations of their own country (those who engage in activities under the statuses of residence of “Engineer” and “Specialist in Humanities/International Services”), if they satisfy certain requirements.

### B. Negotiations on the Japan-ASEAN Comprehensive Economic Partnership Agreement

In January 2002, Prime Minister Koizumi proposed the Framework for a Comprehensive Economic Partnership between Japan and ASEAN. This is a multilateral framework which aims to deepen ties between Japan and ASEAN countries through strengthening of a comprehensive economic partnership covering Japan and all the ASEAN countries. To this end, Japan intends to start bilateral negotiations with ASEAN member states that wish to have an economic partnership with Japan.

Thailand, the Philippines, and Malaysia requested the start of negotiations with Japan. Following repeated working group meetings between governments and study groups among industry, government and academia, at the Japan-ASEAN Commemorative Summit Meeting held in Tokyo in December 2003, it was agreed that Japan would start negotiations with Thailand, the Philippines, and Malaysia as soon as possible within 2004 and conclude an agreement within a reasonable period of time before the prevailing momentum was lost. Subsequently, Japan started official negotiations with the respective countries.

In June 2003, Indonesia also requested the start of negotiations. A preliminary meeting to set up a working group was held. The two nations set up an industry-government-academia study group in January 2005 and then, agreed to start negotiations on an economic partnership agreement in June 2005.

At the Japan-ASEAN Summit meeting at the end of November 2004, the top leaders of the participating nations agreed that they would start negotiations on the Japan-ASEAN Comprehensive Economic Partnership Agreement in a different framework from the negotiations on bilateral economic partnership agreements. As a result, Japan is required to proceed with these negotiations, keeping a balance with negotiations on bilateral economic partnership agreements with each ASEAN country. In 2005, Japan held bilateral negotiations with some ASEAN countries within the framework of the Comprehensive Economic Partnership Agreement.

(A) Negotiations on the Japan-Philippines Economic Partnership Agreement

Japan and the Philippines basically agreed on the core elements of the Japan-Philippines
Economic Partnership Agreement in November 2004.

As for the movement of natural persons, the two nations basically agreed that Japan would accept Philippine nurse and welfare caretaker candidates who meet certain requirements on the condition that the Philippines would provide a proper scheme that satisfies Japan's requests. These Philippine nurse and welfare caretaker candidates may stay in Japan for a fixed period of time. After completing Japanese proficiency classes, they will be able to work in order to obtain applicable qualifications in Japan. If they successfully qualify as a nurse or welfare caretaker, they will be able to continue working in Japan as a nurse or welfare caretaker.

After taking Japanese proficiency classes, the Philippine welfare caretaker candidates will enter Japanese caretaker training institutes and will qualify as welfare caretakers on their graduation. In this sense, the Japan-Philippines EPA will provide a totally new model for accepting foreign workers.

## (B) Negotiations on the Japan-Thailand Economic Partnership Agreement

Japan and Thailand basically agreed on the core elements of the Japan-Thailand Economic Partnership Agreement in September 2005.

As for the movement of natural persons, the two nations basically agreed on easing of the work experience requirements for Thai cooks to enter Japan under certain conditions and continuing negotiations on the acceptance of welfare caretakers.

## (C) Negotiations on the Japan-Malaysia Economic Partnership Agreement

Japan and Malaysia basically agreed on the core elements of the Japan-Malaysia Economic Partnership Agreement in May 2005. The two countries worked toward conclusion of the agreement and signed the agreement in December 2005. As for the movement of natural persons, Japan recognized that service providers, whom Japan has “requested/offered” in WTO service trade negotiations, can enter and stay temporarily in Japan.

##### C. Japan-R.O. Korea Economic Partnership Agreement

When Prime Minister Koizumi visited R.O. Korea in March 2002, an agreement was reached on the establishment of an industry-government-academia joint study group to discuss an economic partnership between Japan and R.O. Korea. After repeated meetings of the joint study group, at the summit meeting in October 2003, the top leaders of the two governments agreed to initiate official negotiations by the end of 2003, aiming at substantially completing the negotiations by the end of 2005. In this context, the official negotiations
started in December 2003 and active consultations were held. However, the negotiations have been suspended since November 2004.

### D. Japan-Chile Economic Partnership Agreement

At the Japan-Chile Summit held in Chile in November 2004, the countries agreed to establish a study group on the possibility of entering negotiations on a bilateral economic partnership agreement. Subsequently, after consideration at the study group, the countries agreed to start negotiations on a bilateral economic partnership agreement at the Japan-Chile Summit held in November 2005. The countries started official negotiations in February 2006.

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

Since 2005, Japan has held bilateral study groups with India, Vietnam, Brunei, Switzerland and Australia respectively to consider the possibility of entering negotiations on a bilateral economic partnership agreement. A need has arisen for preliminary consideration of each country's concerns relating to the “movement of natural persons”.

## (3) WTO Service Negotiations

In negotiations on the liberalization of service trade negotiations, each WTO member generally requests other relevant members for the desired liberalization. Then, the relevant members offer fields that they will liberalize if they are able to respond to the request.

In line with GATS (The General Agreement on Trade in Services) of the WTO (World Trade Organization) and subsequent Japanese offers, Japan has accepted the entry and temporary visits of (i) short term visitors on business (those on business trips), (ii) intra-company transferees, (iii) legal, accounting and taxation service providers, and (iv) those who are engaged in activities under the statuses of residence of “Engineer” and “Specialist in Humanities/International Services,” under certain requirements and limitations.

Mode 4 (supply of services via the movement of natural persons) is closely related to the immigration control services and also attracts strong interest and numerous requests from many nations every year. The Immigration Bureau is actively working on examining the advisability of new commitments which is being coordinated by the Ministry of Foreign Affairs, and drafting documents, while paying attention to requests from foreign nations.

For the revised offers of Japan prepared in June 2005, Japan increased the clarity of descriptions in the schedule of commitments by reorganizing the categories of Japan’s schedule of commitments based on the categories common to the world.
## (4) Reports and Examinations in Accordance with Human Rights Treaties/Covenants

As Japan is a signatory nation to the International Covenant on Economic, Social and Cultural Rights (Covenant A), the International Covenant on Civil and Political Rights (Covenant B), 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, it is necessary for Japan to report to the UN Secretary General on how Japan intends to implement these treaties.

As the government section in charge of immigration and residence control management, the Immigration Bureau is heavily involved in the report drafting process. The bureau also follows up the evaluation results of the report review process.

In FY 2005, Japan submitted to the United Nations the first government report on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Japan also worked on preparation of the fifth government report for the International Covenant on Civil and Political Rights (Covenant B), the third government report for the Convention of the Rights of the Child, the sixth government report for the Convention on the Elimination of All Forms of Discrimination against Women, and the third, fourth and fifth government reports for the International Convention on the Elimination of All Forms of Racial Discrimination.

## (5) Other Treaties

Japan signed the FAL Treaty (the Convention on Facilitation of International Maritime Traffic) which aimed at simpler port-related paperwork in 1965, but did not ratify the convention at the time. The Immigration Bureau proceeded with the consideration of and preparation for the ratification of the convention along with the other ministries and agencies concerned, and decided to implement the port-related document formats specified in the convention and to form new measures for simpler paperwork. Subsequently, the convention was approved by the 162nd Diet session in March 2005, ratified on June 15, 2005, and was enforced in Japan on November 1, 2005.

In addition, countries that had already signed the convention proceeded with the amendment of the Annex in 2005, and the amendment was adopted and was determined for enforcement on November 1, 2006. Therefore, the Immigration Bureau is continuing to consider the amendment with the ministries and agencies concerned.

Since 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, was amended in March 2005 and was determined for enforcement in November 2005, the Immigration Bureau considered the procedures that did not comply with the procedural provisions of the said annex, and gave notice of the details of differences within the predetermined period jointly with the ministries and agencies concerned.

## 2 International Conventions

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

This is an ad hoc meeting to discuss measures against terrorism and transnational organized crimes at the G8 level, with the participation of immigration control experts. This meeting discusses effective measures, through immigration control, against terrorism and against foreign nationals who use forged or altered documents, which should be taken cooperatively by the G8 members. The Immigration Bureau also sends its officials to this meeting and uses it as a good opportunity to exchange information with the persons in charge of immigration control in the other G8 member states.

The decisions made at this meeting have been developed into the G8 Secure and Facilitated International Travel Initiative (SAFTI) (Sea Island, 2004). Then, G8 members started providing data on missing and stolen passports to the International Criminal Police Organization (ICPO) in November 2004.

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

This conference has been held every year since 1994 with the aim of promoting information exchange and cooperation among immigration officials, and in particular those in charge of information management, in the Asia-Pacific region. In 1997, the 4th meeting was held in Japan. Aiming at promoting information exchange for practical purposes, the conference discusses various issues such as illegal immigrants, forged or altered documents, and stowaways. The Immigration Bureau sends its officials to every meeting of the conference 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 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 2005, a meeting was held in Bali to discuss implementation of collaboration and cooperation in biometrics-based
immigration control using biometrics data.

## (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 the International Civil Aviation Organization (ICAO), 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.