Migrants and Migrant Workers in Japan

25 Asakawa, A. (2003). Zainichi Gaikokujin to Kika Seido (Resident Foreigerns in Japan and the Naturalization Process). Tokyo: Shinkan Sha.

26 According to a 2007 MEXT-commissioned survey on non-Japanese national children conducted by 13 cities and 1 prefecture with high percentages of newcomer non-Japanese national residents, 61% of non-Japanese national children attended Japanese schools, 21% attended schools for non-Japanese national children, 1.1% did not attend school at all, and 17.5% were “unknown.” It is estimated that a large portion of these “unknown” respondents are also not attending school. However, according to this study, even Kani City in Gifu prefecture, which has taken the most progressive measures to leave no non-Japanese national child behind, had a non-attendance rate of 7% in 2006.

27 Ministry of Foreign Affairs. (2008). Third, Fourth, Fifth and Sixth Combined Periodic Report on the Implementation of the International Convention on the Elimination of Racial Discrimination in Japan. Retrieved January 18, 2010, from the Ministry of Foreign Affairs website: http://www.mofa.go.jp/policy/human/race_rep3.pdf

28 “With regard to the implementation of compulsory education for foreigners, no such imperative exists in the Constitution and Basic Education Law. […] As long as the individual is a foreigner, no obligation arises to send the child to elementary or junior high school.” (Suzuki, I. (Ed.). (2006). Chikujyou Gakkou Kyouiku Hou (Clause-by-Clause Review of the School Education Act). Tokyo: Gakuyo Shobo.)

29 Ministry of Foreign Affairs. (2008). Ibid.

30 Ministry of Education, Culture, Sports, Science and Technology. (2007). Gaikokujin no Kodomo no Fushuugaku Jittai Chousa no Kekka ni Tsuite (On the Results of the Study on the Situation of Non-attendance Among Foreign Children). Retrieved January 10, 2010, from the Ministry of Education, Culture, Sports, Science and Technology website: http://www.mext.go.jp/a_menu/shotou/clarinet/003/001/012.htm

31 Ministry of Foreign Affairs. (2008). Ibid.

32 Kyoto City Foreigner Education Project and Kyoto City Education Board (Kyoutoshi Gaikokujin Kyouiku Purojekuto and Kyoutoshi Kyouiku Iinkai). (2008). Gaikokuseki oyobi Gaikoku ni Ruutsu wo Motsu Jidou Seito ni Kansuru Jittai Chousa no Matome (Summary of the Study on the Situation of Foreign National Students and Students with Foreign Roots). Retrieved September 19, 2008, from the Kyoto City website: http://www.city.kyoto.lg.jp/kyoiku/cmsfiles/contents/0000059/59348/zittait.pdf

33 As of October 2007, there were 96 Brazilian schools, 5 Chinese/Taiwanese schools, 73 North Korean schools, 4 South Korean schools, 2 Peruvian schools, 2 German schools, 1 Indian school, 1 Indonesian school, 1 Turkish school, 1 Filipino school, 1 Amerasian school, 1 French school, and 24 international schools in Japan. (2007 Forum for Multiethnic Co-existence Education in Tokyo Executive Committee (Taminzoku Kyousei Kyouiku Foramu 2007 Toukyou Jikkou Iinkai). (2007). 2007 Forum for Multiethnic Co-existence Education in Tokyo Information Packet. 2007 Forum for Multiethnic Co-existence Education in Tokyo Executive Committee.)

34 On March 24, 2007, the Japan Federation of Bar Associations submitted a recommendation to the Prime Minister and Minister of Education, Culture, Sports, Science and Technology “concerning the human rights redress petition for discriminatory treatment regarding the application of designated donations to Chinese and North Korean schools.” (Japan Federation of Bar Associations. (2008). Kankokusho (Recommendation). Retrieved January 10, 2010, from the Japan Federation of Bar Associations website: http://www.nichibenren.or.jp/ja/opinion/hr_case/data/080324.pdf);

Additionally, in paragraph 31 of its concluding observations, the Human Rights Committee also issued a recommendation of the same nature to the Japanese government in October 2008. (United Nations Human Rights Committee. (2008). Consideration of Reports Submitted by States Parties Under Article 40 of the Covenant: Concluding Observations of the Human Rights Committee (Japan). Retrieved January 10, 2010, from the Office of the High Commissioner for Human Rights website: http://www2.ohchr.org/english/bodies/hrc/docs/co/CCPR-C-JPN-CO.5.doc)

35 Besides claiming that there are “many” who were arrested, no further analyses have been conducted. Such comments only serve to create vague impressions and are misleading.

36 From a press conference with the Minister of Justice (March 28, 2006), Internet official government announcements, the 2006 Immigration Control Report, etc. However, the English version of the 2006 Immigration Control Report does not make reference to point (1). (Ministry of Justice. (2006, 3 28). Daijin Kakugigo Kisha Kaiken no Gaiyou (Summary of the Post-cabinet Meeting Minister News Conference). Retrieved November 24, 2009, from the Ministry of Justice website: http://www.moj.go.jp/kaiken/point/sp060328-01.html; Ministry of Justice Immigration Bureau. (2006). 2006 Immigration Control Report. Retrieved November 24, 2009, from the Ministry of Justice Immigration Bureau website: http://www.moj.go.jp/NYUKAN/nyukan54-3.pdf)

37 This refers to crimes that have been recorded in police records, but not recorded in legal criminal records.

38 The Yomiuri Shimbun (The Yomiuri Newspaper). (2007, 6 23). “Teijyuusha” Biza Koushin wo Keishou Jiko Riyuu ni Fukyoka: Nikkei Kazoku “Sabetsu” to Teiso/Toukyou Chisai (Minor Injury Accident as Reason for “Long-term Resident” Visa Extension Rejection: “Discrimination” Against a Nikkei Family and Lawsuit/Tokyo District Court). The Yomiuri Shimbun.

39 However, in both cases, by claiming changes to their personal (or spousal) relationships to Japanese nationals or reapplying, both individuals were eventually able to obtain residence statuses.

40 Ministry of Health, Labour and Welfare. (2008). For Foreign Nationals Wishing to Work in Japan (Nihon de Hatarakou to suru Gaikokujin no Minasama he). Retrieved January 3, 2010, from the Ministry of Health, Labour and Welfare website: http://www.mhlw.go.jp/bunya/koyou/gaikokujin12/pdf/english.pdf

41 From an informal sharing with a victim by a KALAKASAN staff member (2009)

42 Ministry of Health, Labour and Welfare. (2009). Annual Number of Marriages by Nationality of Husband and Wife. Retrieved January 20, 2010, from the Portal Site of Official Statistics of Japan: http://www.e-stat.go.jp/SG1/estat/List.do?lid=000001057779

43 Ministry of Health, Labour and Welfare. (2009). Population by Year and Sex. Retrieved January 21, 2010, from the Portal Site of Official Statistics of Japan: http://www.e-stat.go.jp/SG1/estat/List.do?lid=000001057781;

Ministry of Justice Immigration Bureau. (2004-2008). Number or Registered Foreigners. Retrieved January 21, 2010, from the Ministry of Justice Immigration Bureau website: http://www.immi-moj.go.jp/toukei/index.html

44 Ministry of Health, Labour and Welfare. (2008). 2008 Government Information Session for the National Research Commitee for Counselors at Facilities for the Protection of Women. Retrieved January 20, 2010, from the Welfare and Medical Service Network System: http://www3.wam.go.jp/wamappl/bb16GS70.nsf/0/806448c690707b914925750500052b90/$FILE/20081117_2shiryou1.pdf

45 Experiences from cases handled by KALAKASAN

46 Ministry of Health, Labour and Welfare. (2009). Annual Number and Percentages of Divorces by Nationality of Husband and Wife. Retrieved January 20, 2010, from the Portal Site of Official Statistics of Japan:

http://www.e-stat.go.jp/SG1/estat/List.do?lid=000001057780

47 Experiences from cases handled by KALAKASAN

48 This is one of the cases that KALAKASAN started handling in 2009.

49 Immigration Bureau of Japan. (2009). Changes to the Immigration Control Act. Retrieved January 10, 2010, from the Immigration Bureau website: http://www.immi-moj.go.jp/newimmiact/pdf/leaflet_english.pdf

50 Isozaki, Y. (2002). Questioning Japan’s “Closed Country” Policy on Refugees. Retrieved November 1, 2009, from the Iwanami Shoten website: http://www.iwanami.co.jp/jpworld/text/ClosedCountry01.html; Japan Federation of Bar Associations. (2002). Toward the Reform of the Refugee Recognition System. Retrieved November 1, 2009, from the Japan Federation of Bar Associations website: http://www.nichibenren.or.jp/en/activities/meetings/20021201.html

51 No financial assistance is granted to persons with refugee status, although some refugee applicants receive under 100,000 yen (about $1,000 USD) per month for a limited period during their administrative refugee review process.

52 Refugee examination counselors are third-party part-time public servants (on two year contracts) who serve as observers/advisors during appeals to refugee recognition denials. (also see: Ministry of Justice. (2006). Immigration Control and Refugee Recognition Act. Retrieved November 1, 2009, from the Ministry of Justice website: http://www.moj.go.jp/ENGLISH/information/icrr-20.html)

53 Interview document disclosed by the Immigration Bureau in 2007

54 Ministry of Justice. (n.d.). Ministry of Justice Home Page. Retrieved November 1, 2009, from the Ministry of Justice website: http://www.moj.go.jp/ENGLISH/

55 Ministry of Justice Immigration Bureau. (2009). Press Release on the Number of Recognized Refugees in 2008. Retrieved November 1, 2009, from the Ministry of Justice website: http://www.moj.go.jp/PRESS/090130-1.html

56 United Nations High Commissioner for Refugees. (1992). Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees. Retrieved November 1, 2009, from the UNHCR website: http://www.unhcr.org/publ/PUBL/3d58e13b4.pdf