Statement Concerning the Situation of Afghan Refugees in Japan
March 11, 2002 1. The members of the World Council of Churches, and Christian Conference of Asia Inquiry Mission met with Afghan asylum seekers church leaders, representatives of NG0s, lawyers, and government officials, engaged and /or dealing with matters relating to the issues of Afghan refugees in Japan. The delegation through briefings and study of documents, papers, and other published materials, endeavored to understand the Japanese governments' refugee policies and practices. The Inquiry Mission was heartened to know there are number of politicians, human right defenders, church leaders, representatives of citizen groups, and other individuals committed to the promotion and protection of humanitarian laws, particularly those relating to the conditions of detention of Afghan refugees. 2. Basis of our Inquiry, we have come to realize that: (a) The number of the Afghan asylum seekers from January to November 2001 in Japan is 77. However, only 1 out of 77 has been granted the status as a refugee. Also, the total number of people who have been granted the refugee status, including those of other nationalities, since 1981 amounts to only 260. This figure compares poorly with those of other developed nations. At the end of last year, Netherlands accepted 23,626 refugees followed by Canada 9,345, and US 4,321. The Afghan asylum seekers have been unfairly detained in the immigration bureau detention center, though they are still in the application procedure for the refugee status. Also, there have been a lot of problems pointed out about the environment in the detention center. The medical treatment provided in the center is of very poor quality, and some detainees have tried to commit suicide. We are concerned about the human rights (as declared in international human rights law) violation of these people. We would like to point out that according to the norms and standards of international humanitarian laws, practices of detention of asylum seekers, displaced persons and aliens with irregular status seeking protection or survival is to be considered arbitrary if the reasons, motives or interpretation are contrary to or deviating from UNHCR criteria and the provisions mentioned above. Arbitrary detention for reason of deterrence or other unacceptable reasons lead to human rights violations. (c) Japanese refugee recognition process is based on Immigration Control and Refugee Recognition law. There is no independent institution from the immigration bureau which specializes in inquiring about the conditions of asylum seekers. We find there is much room for improvement in the refugee recognition process, in order to maintain the fairness and clarity toward asylum seekers in keeping with the norms and standards of international and humanitarian laws. 3. On Basis of our findings, we would like to express and suggest the following: (a) Japanese government has made a promise to donate 500 million dollars for reconstruction and rebuilding of Afghanistan. We appreciate the government's humanitarian attitude toward the tragedy of Afghanistan. However, we regret that the government does not show the same kind of "humanitarian concern" toward the asylum seekers and refugees in Japan. (b) The detained Afghan asylum seekers have all been persecuted by the Taliban regime, and some of them still suffer from the trauma. Also, in the process of investigation, some of them were suddenly interrogated and hauled by the police, and some were sent to the detention center directly from the airport and have been detained for several months since then. The Japanese government must thoroughly examine this process whether their detention was decided through full and fair screening based on the humanitarian principles of the refugee protection, which Refugee Convention (which Japan has ratified) declares. Japanese government should make sure that its refugee policy will assure the humanitarian concern in its whole process of refugee screening. (c) The office of United Nations High Commissioner for Refugees (UNHCR) at Japan and Korea has expressed their concern on the treatment of Afghan refugees in Japan. The arbitrary detention of asylum seekers and refugees should be discouraged. This international practice and policy is widely accepted in different parts of the world. We urge the Japanese government to seriously consider the release of Afghan asylum seekers pending decision of the case. ln any case, we strongly recommend that no asylum seekers should be forced to return to their country, given the present environment of the instability and insecurity in Afghanistan. Those presently under detention should be released as soon as possible, and granted the status of residence and. provided with all the necessary assistance from the humanitarian standpoint. Their deportation.be stopped until such time there is lasting peace and democratic government based on principles of plurality comes into existence. Till such time they should be provided all possible assistance from humanitarian standpoint.
Clement John, Executive Secretary for International Relations, WCC
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