The Japan Civil Liberties Union (JCLU), through its Foreigners Rights Committee, researches, publishes, and advocates on behalf of foreignersf human rights in Japan. Since February 16, 2004, the Immigration Control Bureau of the Ministry of Justice has begun an Internet reporting system concerning goverstaying foreignersh on its website. This system, however, for reasons listed below, risks creating unnecessarily tense relations between Japanese and foreigners, and violating the basic human rights of foreigners such as racial discrimination. In addition, such a system not only infringes on the principles of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which Japan ratified (in 1995), but it also violates Japanfs obligation to CERD as a state party. JCLU, therefore, demands the immediate end to direct Internet reporting concerning overstaying foreigners.
The Internet reporting system uses a form with specific columns on ginformation concerning illegal or seemingly illegal foreigners,h ginformation on workplace or appearance in other areas concerning illegal or seemingly illegal foreigners,h ginformation on housing concerning illegal or seemingly illegal foreigners.h Since senders gwho prefer anonymity do not have to input their names,h there is a danger of irresponsible reporting. In addition, there is a whole range of choice concerning gthe motivations of reportingh: neighborhood nuisance, insecurity, conflict of interest, victimhood, sympathy, inexcusable behavior of employers, inexcusable behavior of brokers, dismissal due to illegality, unemployment due to visa status, inexcusable behavior of violators, others, and unknown. This last column may lead citizens to casual reporting of foreigners just with their little euncomfortable feeling.f
While there are many issues regarding this reporting system, the main ones can be summarized as follows:
First, the information requested in the reporting form deviates from the definition on reporting stipulated in Article 62 of the Immigration Control and Refugee Recognition Act (the reason for forced repatriation (Article 24)). Instead of ruling according to the established criteria, forced repatriation could be conducted which will then be based solely on the information submitted on the gseemingly suspicious individual.h Critique is inevitable that such a system leads citizens to hold unnecessary suspicion towards foreigners or seemingly foreigners. There is no careful consideration of the risk of their human rights infringement.
Second, the modality of reporting and the targeting in view of reporting might infringe on privacy. In other words, citizen may report on information concerning the private lives of foreigners that he/she happens to know. This kind of reporting will infringe privacy. Further, in the process of collecting information to report, intentional privacy infringement is highly likely to occur.
Third, though the reporting system limits to gillegally staying foreigners,h the target might well include Korean residents, foreigners who have become naturalized Japanese, and other legal foreign residents. The same applies to returnees from China or others who do not look Japanese but who nonetheless hold Japanese nationality. In this case, though these categories might have nothing to do with the investigative purpose of the Immigration Control Bureau, they risk facing different pressure or trouble in keeping their resident status resulting from being targeted by the Immigration Control Bureau.
Fourth, such a system will lead Japanese to have discriminatory perspective toward foreigners. and hence might encourage racial discrimination. CERD Committee, in their judgment on racial discrimination, gin seeking to determine whether an action has an effect contrary to the Convention, it will look to see whether that action has an unjustifiable disparate impact upon a group distinguished by race, colour, descent, or national or ethnic originh (general recommendation 14, 1993). The Internet reporting system by the Immigration Control Bureau is tantamount to ghave an unjustifiable disparate impact.h
In this sense, the Internet reporting system by the Immigration Control Bureau can be said to violate CERD, and therefore the government fails to uphold Japanfs obligations to CERD as a state party. Precisely, it violates Article 2(1) that gStates Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races;" Article 2(1a) that geach State Party c en sure[s] that all public authorities and public institutions, national and local, shall act in conformity with this obligation;" and Article 2(1e) that geach State Party c discourage[s] anything which tends to strengthen racial division.h In particular, the government must pay attention to Article 4(c) that gshall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination.h
Currently, there are more than 1850,000 registered foreigners living in Japan (end of 2002). Last year, we realized the plan to have 100,000 foreign students, which took twenty years to achieve. Despite the various issues, Japanese society is moving towards a multinational, multiethnic, and multicultural society. Many of the foreigners work in areas disdained by Japanese. Whether it is in the production lines of small scale enterprises, construction sites, or food establishments, Japanese society depends on foreign workers. Today, we can think of foreigners as coexisting neighbors and as indispensable members in Japanese society. In such a multicultural, multinational society, we need to recognize and respect our mutual difference, and promote a consciousness of mutual tolerance. The Internet reporting system goes against the objective of an coexisting society and, on the contrary, becomes a big obstacle in realizing that goal.
Furthermore, if the encouragement of reporting becomes generalized and Japan becomes a society of surveillance where private denunciation is rampant, it risks eroding the foundation of Japanese society, for Japanese and foreigners alike, based on freedom and democracy.
Based on the reasons above, JCLU, therefore, demands the end to direct Internet reporting concerning overstaying foreigners.