PRESENT SITUATIONS OF THE UNDOCUMENTED FOREIGNERS IN JAPAN & MEANING OF THE GENERAL SPECIAL PERMISSION FOR RESIDENCE    

PRESENT SITUATIONS OF THE UNDOCUMENTED FOREIGNERS IN JAPAN & MEANING OF THE GENERAL SPECIAL PERMISSION FOR RESIDENCE

--- GRANT RESIDENCE AS A RIGHTS TO ALL UNDOCUMENTED FOREIGNERS AND THEIR FAMILIES ---



 1. UNDOCUMENTED MIGRANT WORKERS FORMED LIVING BASES IN JAPAN

 2. THE ROOT OF STATUS OF THE MIGRANT WORKERS WHO HAVE NO RIGHTS

 3. PROCESS TO MAKE A DECISION TO APPEAR AT IMMIGRATION BUREAU

 4. JUST BEFORE THE DAY TO BE APPEARED AT THE IMMIGRATION BUREAU

 5. THE MEANING OF THE GENERAL MOVEMENT FOR OBTAINING SPECIAL PERMISSION FOR RESIDENCE

 6. CONCLUSION



1. UNDOCUMENTED MIGRANT WORKERS FORMED LIVING BASES IN JAPAN

  Many foreigners came to Japan from Asian countries seeking a place to work for the period of latter half of 1980 to 1990. It was a time when demand of the enterprises suffering shortage of the labors in the era of high economic growth and supply of the foreigners who came to Japan looking for their bread were balanced. Afterwards, many foreigners had to returned to their countries as the economy of Japan has gradually decreased. There were  not few foreigners who had to return to their home countries against their intention due to strengthen a crackdown by the police and the Immigration Bureau for the undocumented foreigners.

  However, the number of the undocumented foreigners working in Japan was not decreased so much as the result of strength control of entry and raid by the Immigration Bureau. Nearly 270,000 undocumented foreigners are now working in Japan. Under these circumstances, the settlement of the undocumented foriegners were increasing due to inviting their families to Japan and also increasing number of marriage of the same nationals while they are living in Japan fairly long. And the undocumented foreigners were established accordingly their living bases in Japan. Even though they have returned to their home countries, there would be no forecast of finding the place to lead their daily lives and also their children were already grown up, they would become to demand strongly that they would like to lead their lives in Japan.

  Establishment of APFS, supporting group for the undocumented migrant workers was in December 1987 which was the time to increase the foreigners working in Japan. At first, most of the consultation accepted at APFS were about labor and daily life. However consultations about mixed marriages, education and nationality of the children were increased from the year of 1992. It could be said that the settlement of the undocumented foreigners was started about this time.

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2. THE ROOT OF STATUS OF THE MIGRANT WORKERS WHO HAVE NO RIGHTS

  Although APFS holds a "May Day Meeting for Migrant Workers" every year and discuss rights of the undocumented foreigners, the conclusion of the status of without any rights is always ended with existance of their illegal status.

  APFS has been requested to take "Amnesty" in effect to the Immigration Bureau since Summer 1994 even though their stay in Japan are not legal as we considered that it is necessary to take some kind of action against them not only as Government and but also from international standpoint as long as the undocumented foreigners have formed their living bases in Japan who have been spent their daily lives with fear of arrest by the police or Immigration Bureau. Actually, the "Amnesty" was taken in effect in European countries upto now and the most current country took "Amnesty" in effect was Thailand in order to make all undocumented foreigners legalized.

 As the result of our demand to take "Amnesty" in effect to the Immigration Bureau (Ministry of Justice) over and over, their attitude to this demand was always negative and will not expect to change their attitude in future.

 On the other hand, the tendancy of long-stay and settle down of the undocumented foreigners showed upward, it is a matter of question to solve not only the case of the undocumented foreigners and but also their families, especially the children who have not given enough rights. It is obvious that "the illegal workers 2nd generation" will soon arise after 3 to 4 years if we keep the present situations as they are, because the children are now in the Junior and Senior High Schools. Since most of the grown-up people who entered in Japan are "confident criminals" in a sense, it might be obliged to accept punishment by the law of the country. However, nobody could judged these children who have been brought by the parent when they were young or born in Japan as they have no responsibility whatsoever.

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3. PROCESS TO MAKE A DECISION TO APPEAR AT IMMIGRATION BUREAU

  An article concerning the undocumented foreigners was appeared in the editorial column of the Asahi Shinbun (Morning edition) in early this year. To put it simply about the article, it was not allowed for the Japanese Government to leave the undocumented foreigners without rights any more. Stimulating by this article, we have considered to see if we could make the undocumented foreigners to legalize by using the present law since "Amnesty" is not expected to take in effect at once.

  One of the activities to obtain the special permission for residence for the undocumented foreigners who have married to the Japanese nationals were started in 1993 at APFS due to increase of the mixed marriage. And we have come to think whether we could utilize Article 50 (Special permission for residence) of Immigration Control and Refugee Recognition Act by the reason of establishment of their living bases in Japan to the undocumented foreigners or not. Of course it is meaningless if the Japanese staffs considered this issue alone. Because in case the special permission for residence is not granted, deportation order will be issued. And also it is a chance to be detained when they appeared at the Immigration Bureau.This is because we have heard when we had a meeting with the Immigration Bureau that the policies of the Bureau is to detain all persons in principle who appeared at Immigration Bureau even with their own will. The risk for a chance to be detained would be borne by the persons to be appeared. Therefore, we have discussed over and over the meaning of the special permission for residence and the polices of the Japanese Government for the undocumented foreigners with the persons to be appeared. At the begining of this movement, there were over 50 persons who wish to appear at the Immigration Bureau, but the numbers of the persons were decreased at every meeting, and 21 persons (5 families ans 2 indivudals) were finally confirmed their will to appear at the Immigration Bureau when the meeting of 10th APFS May Day was held on May 2, 1999.

  The movement was advanced to the stage for requesting the various information concerning the General Movement for obtaining Special Permission for Residence through the supporting groups about June. And we have held a several discussions with the each family including their children. The staffs of APFS visited their residences of the undocumented foreigners and discussed the matters in details several times. The establishment of the lawyers group supporting this movement was started about this time and the preparatory meeting was held mainly by the members of lawyers belong to the Center for Protection of Foreigners' Human Rights, The Tokyo Bar Associations who have a lot of experiences in these matters. We also held a meeting with the lawyers and the persons concerned and the lawyers explained that the chance to obtain the special permission for residence was a very small. One of Iranian mothers who have a baby and a primary school girl stated that we have decided to appear at the Immigration Bureau for our children because we just can not bear to keep the present situations any more, and we do not mind to be sacrificed ourselves even if we were detained or deported if this movement would advanced to the next step. Nobody can not change this decision. We assured that all adults who are going to be appeared at the Immigration Bureau had the same thought. However, there was a child who had against this though as stated above because they could stay in Japan without deportation if they keep silent, and they could go to the Immigration Bureau when the child became a college student if they wish. However, they were classified outside of the National Health Insurance Scheme and various social securities system and they have to coming out sooner or later as the present status is a position to be arrested at any time. And the time to coming out is now which is just before the 21st centries. The tone of the mass media for the undocumented foreigners has been changed a little from the sterotype. The editorial of the Asahi Shinbun dated on September 3, 1999 is the one of the latest sample.

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4. JUST BEFORE THE DAY TO BE APPEARED AT THE IMMIGRATION BUREAU

  The people to be appeared at the Immigration Bureau were gradually feeling depressed because of anxiety and tension as the day to be appeared is approaching. Those persons who said that they would accept interview by the mass media disclosing their faces at first were now begun to reject the interview. And we held a meeting to encourage for those who have decided to appear at the Immigration Bureau on August 29 to confirm their final will. And 21 people (5 families and 2 individuals) were appeared at the participants of this meeting for the first time. The return speech made by the representative of the group was not very cleared what was the real meaning of the speech due to seeing the figures of the children with anxiety. However, the participants over 100 of this meeting understood what is inside of their minds. And it was reported that the day to be appeared at the Immigration Bureau will be soon and also announced that the press conference will be held on the same day of the appearance at the Immigration Bureau to the members of the mass media.

  The day to be appeared at the Immigration Bureau was on September 1 at 3 P.M.. Since we have given them advance notice that we would come to the Immigration Bureau, there was no confusion and they led us into the large conference room and explained the normal procedure for the special permission for residence by the chief of Immigration Control Officer.

  Five lawyers and five APFS staffs were also attended together with 21 persons. As about 20 control officers were also stand by at the conference room, it was a feeling that they might be detained. The investigation by the Control Officer was started by each family and individual as soon as the orientation was overed. The child before the primary school ages were not investigated. And the lawyers and the APFS staffs went together were waited at the conference room. This was because the Immigration Bureau did not admitted the lawyer to attend at the investigation. Mr. Adel Ghebi who is an Iranian and a head of the group this time returned to the conference room with a smile after a little over one hour and told us that the control officer told him that he would be investigated without detention.

  And the atmosphere of the conference room was changed a little then. The families who have finished the initial investigation, returned to the conference room one after another, and the last one was a Bangladeshi, Mr. Mohammad Alam. All the people investigated returned to the conference by a little after five o'clock.

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5.THE MEANING OF THE GENERAL MOVEMENT FOR OBTAINING SPECIAL PERMISSION FOR RESIDENCE

  The movement for obtaining special permission for residence this time was complelled to take an action to the Immigration Bureau - Ministry of Justice by the undocumented foreigners since there is no intention to be taken "Amnesty" in effect by the Japanese Government.

  It is not admitted to overlook 270,000 undocumented foreigners with no rights. There would be no changes expected unless people take an action. It could be considered that the feelings mentioned above were the reasons to start this movement. Although 21 persons out of 270,000 undocumented foreigners may be a very small existance, it is necessary to take an action in order to acquire own rights. Their action this time should be evaluated as the point at least to inform this fact to the 270,000 undocumented foreigners. It could be said that the true self-supported of the undocumented foreigners was begun. We also confirmed that the Immigration Bureau - the Ministry of Justice found the fact that they could not leave the undocumented foreigners and their families with no rights with this movement.

  The struggle has just started. We know that the Immigration Bureau noticed the importance of this movement than any other people. Mr. Mohammed Alam, Bangladeshi and I were asked to come to the Immigration Bureau five days after we appeared at the Immigration Bureau. They made a hearing of myself because I was a guarantor of Mr. Alam and tried to check my criminal records which I feel nothing to do with this case. And Mr. Maung Myint Swe, Burmese is asking to visit the Bureau on September 17, and Mr. Adel Ghebi, Iranian, a head of the group this time on September 22 and other three families are now asked to come to the Bureau latter part of this month for investigation. It seems that the Immigration Bureau might be trying to crash this movement before it become a social problem by their power. It is true that the house of Mr. T., Iranian, was visited by the police of his district. We, APFS considered that there is only way to solve this problem such as to appeal the meaning of this movement to public opinion and make this issue as a social problem and to be surround the Immigration Bureau - Ministry of Justice socially. Therefore, it is needed to give the information with persuasive words concerning that it would be arised inevitable from the situations of the migrant workers in the world, and this movement would not be unexpected and/or accidental from not only the views of the economical or the sociological but also the domestic or the international laws. The formal supporting lawyers group for this movement would be established by 15 appealed lawyers on September 21. And also it is expected to be made a proposition for the social meaning and theoretical bases of this movement by the researchers and scholars. Furthermore, we are now planning to set up a movement to collect "270,000 signatures" which is about the same number of the undocumented foreigners staying in Japan. And also we are now making a list of the second group to be appeared at the Immigration Bureau. Now is not the time for the undocumented foreigners to hesitate to appear in the society. It could be said that appearance of the undocumented foreigners in the society is the only way to be admitted and able to live in the Japanese society. And also it is a very important future problem what should be done by the undocumented foreigners who have appeared together with the Japanese. Is it enough to support or cooperate with those foreigners ? It has been said in a long time ago that the Japanese society is now could call the society of the symbiosis and the multi-racial society. It may be questioned to each Japanese through this issue how to live with the undocumented foreigners, especially with the children in the 21 centuries.

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6.CONCLUSION

  As I stated at the beginning, nearly 270,000 undocumented foreigners and their family are living in Japan at present. The economy of Japan is still in depression as before and the unemployment ratio became high. However, there are many small business who are still employing the undocumented foreigners. The Japanese labors dislike the labor of so-called three Ks.: Kitanai (dirty), Kiken (dangerous) and Kitsui (hard). It is obvious that the young Japanese labors who wish to work at small business which has been supported the bases of economy of Japan would become short when the Japanese society would become aging and less child in near future. The economic council which is a advisory organ of the prime minister stated necessity of accepting "immigrant labor force" as a topic of next ten years plan in last April. Mr. Yotaro Kobayashi, Chairman of Fuji Xerox who is one of the representatives of the financial world of Japan even stated that it is a duty of Japan to accept migrant workers to the certain extent as the result of wealthy economy of Japan attract many people. The Japanese Government is trying to cover the shortage of simple labor by labor of Japanese descent and system of foreign trainee. Although the Japanese Government considers that it is possible to supply young and flexible labor force with cheap wages by introducing the technical trainee system, nobody can not deny that there would be no future of economy of Japan unless the migrant workers are accepted.

  If we all agreed to the above, it could be considered that we should be ready to for future to take a measures to make the undocumented foreigners legalize who have their Japanese society as they have stayed some ten years. Most of the undocumented foreigners working long in Japan would learn Japanese language, and become expert labor at the company and taking the most important part of the manufacturing process. Confirming once again that there would be no prosperity and growth of the Japanese society for future if we do not accept the migrant workers. And we should know about existance of 270,000 undocumented foreigners as the people with whom we could establish future of Japan.



15-Spt-1999                 
ASIAN PEOPLE'S FRIENDSHIP SOCIETY 
(APFS)      

Katsuo Yoshinari 


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ASIAN PEOPLE'S FRIENDSHIP SOCIETY (APFS)