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February 19, 2009
Japan Federation of Bar Associations
Currently, the Government, through the Ministry of Justice,
is considering the creation of a new system where the Minister
of Justice would continuously manage all data necessary for
controlling the immigration and residence of foreign nationals
and is going to submit a related bill to the Diet during its
regular session in 2009. At the same time, the Government
has asked the Ministry of Internal Affairs and Communications
and the Ministry of Justice to consider having municipal governments
maintain the alien residential register system.
The Japan Federation of Bar Associations (JFBA) compiled
its opinions with regard to these systems with the view of
guaranteeing the fundamental human rights of foreign nationals,
realizing a multiethnic and multicultural society, and guaranteeing
the right to control personal information in modern society,
at the Board of Governors meeting on February 19, 2009. The
opinions were submitted to the Prime Minister, the Minister
of Internal Affairs and Communications, and the Minister of
Justice on February 24.
Summary
- Opinions on the Creation of a New System for Immigration
and Residence Control of Foreign Nationals
(1) The government should carefully and thoroughly reconsider
this new system to control the immigration and residence of
foreign nationals taking into account whether there are any
facts that substantiate the necessity of strengthening control
and whether the control is the minimum amount necessary, including
whether such a new system needs to be created.
(2) The JFBA recognizes the following problems with the specific
content of the proposal:
(i) The scope of residential information to be submitted
by foreign nationals should be limited to the items necessary
to determine the renewal of their resident status;
(ii) The JFBA opposes the issuing of “IC Residence
Cards” (tentatively named) to all foreign nationals
of mid- and long-term residence (excluding special permanent
residents) and requiring them to carry their cards with
them at all times under penalty of law;
(iii) Even assuming that the Government issues certificate
cards similar to the current Certificate of Alien Registration
to special permanent residents, such residents should
not be obliged to carry the cards with them at all times;
(iv) The JFBA opposes obliging educational institutions
to report information on foreign nationals to the Minister
of Justice;
(v) All reference inquiries and sharing of information
among administrative organs should require specific necessity
and objective rationality for each case and each inquiry
and/or provision of information should be done through
an established method. However, first and foremost, an
independent body to supervise the use of information should
be established; and
(vi) A new structure for the use of information by the
Minister of Justice should not create a system which expands
the grounds for cancellation of residential status.
- Opinions on Alien Residential Register System
(1) The JFBA supports the plan to develop the Alien Residential
Registers at municipal governments. However, the plan should
be reconsidered from the standpoint that municipal governments
must ensure that the fundamental human rights of foreign residents
are equally guaranteed in providing administrative services.
(2) The Alien Residential Register System should be as follows:
(i) It should include, if necessary, foreign
nationals who do not have legitimate residential status,
including those who have been granted landing permission
for temporary refuge or permission for provisional stay.
At the same time, the state and municipal governments should
not refuse to provide administrative services to foreign
nationals who are not registered on the Alien Residential
Registers; and
(ii) The information on the Alien Residential Registers
should be used solely to provide administrative services
to foreign nationals and should not be used to control the
immigration and residence of foreign nationals.
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