Refugee protection must comply with international standards -- Akahata editorial (excerpts)

Host country responsibility

A refugee is a person, who, owing to a well-founded fear of prosecution because of race, religion, nationality, membership in a particular social group or political opinion, seeks the protection of another country and of whom such status is recognized. A host country is to decide whether or not to accept a refugee by recognizing such status and offer protection.

Japan has ratified the United Nations Convention relating to the Status of Refugees. In dealing with refugees, it is necessary for the government and the Justice Ministry to obey the convention and fully respect the International Covenants on Human Rights and other laws and regulations that provide that refugees must be given humanitarian treatment.

Last year, over 400 people applied for recognition by Japan as refugees, of which only 3 percent was given such status. A group of 5 percent of applicants were allowed to stay for other humanitarian considerations.

In many cases, applicants are held in immigration custody for a long period of time while their requests are processed.

Last summer, a Japanese government official informed the Turkish authorities of a Turkish applicant for a refugee status, an action that may endanger the applicant and the applicant's relatives in Turkey. The UNHCR makes it an international standardized rule to keep any information of application for shelter from the applicant's home country.

A Kurd father and child of Turkish nationality whom the Japanese judicial authorities deported on January 18 were not recognized by the Japanese government as refugees, but the UNHCR recognized them as such. The forced repatriation took place while the father was appealing to the Supreme Court against the forced withdrawal order. The Convention relating to the Status of Refugees states: "No Contracting State shall expel or return a refugee ... to the frontiers of territories where his life or freedom would be threatened" (Article 33).

Partial amendments to the Immigration Control and Refugee Recognition Law will take effect in May. How Japan treats people who seek shelter in Japan reflects the state of human rights and democracy in Japan. It is necessary to improve the policies and measures to gain international credibility. (Akahata April 19, 2005)




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