Photo/Illutration Demonstrators display signs opposed to a proposal to revise the Immigration Control and Refugee Recognition Law. (Asahi Shimbun file photo)

The Immigration Services Agency has compiled its first guidelines for recognizing refugees, but critics charge the rules are still too strict and just a ploy to deflect opposition from legislation now before the Diet that could make it easier to deport those who have overstayed their visas.

Japan for years has weathered criticism about its abysmally low ratio of applicants recognized as refugees. Critics charged the process was not fair or transparent.

That led to the guidelines released March 24 that include a clear definition of what constitutes persecution which the U.N. Refugee Convention has said must serve as the basis for recognizing an individual as a refugee.

Under the convention, anyone who flees to another nation for fear of persecution due to “race, religion, nationality and membership of a particular social group or political opinions” qualifies as a refugee. The guidelines were compiled after consultations with the Office of the U.N. High Commissioner for Refugees.

The guidelines define persecution as “severe infringement of life and limb as well as infringement and repression of freedom and other human rights.”

For an individual to be recognized as a refugee, the new policy states “a need for a realistic danger of being persecuted.”

The guidelines added that no judgment would be made as to whether any fear of persecution existed just because the state organ responsible for persecution was not aware of a specific refugee applicant.

Under the category of membership of a particular social group, the rules say state it may be possible to include sexual minorities or those who might face persecution due to gender.

Regarding persecution due to gender, the guidelines list female genital mutilation as an example of infringement of life and limb.

At a March 24 news conference, Justice Minister Ken Saito said there might be an increase in the number of cases that lead to a quicker recognition of refugee status. However, he stated that the guidelines would not expand the range of refugees.

The Japan Lawyers Network for Refugees pointed out problems with the guidelines, citing fears that only those facing a grave threat of persecution would be granted refugee status.

In a statement, the network said, “an indispensable step to improving the situation is to conduct the refugee recognition procedure in an organ independent of the Immigration Services Agency.”

Also on March 24, the agency released figures for refugee recognition in 2022 and said a record 202 applicants had been recognized.

About 70 percent were Afghans who fled after the Taliban took over control of the government in Kabul in August 2021.

The Immigration Services Agency granted refugee status to Afghans who had worked at the Japanese Embassy in Kabul as well as their family members. This helped push the figure upward.

While 147 Afghans were recognized as refugees, the figures for nationals from other countries were paltry. There were 26 from Myanmar, nine from China, five from Eritrea and four from Cameroon.

(Kosuke Tauchi contributed to this article.)

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