Photo/Illutration Siaw Johnson Kwaku, a Ghanaian national who lives in Chiba, says he will appeal the Chiba District Court’s decision that dismisses his claim for the right to receive welfare benefits on Jan. 16. (Shiori Tanabe)

CHIBA--The Chiba District Court on Jan. 16 dismissed the claim of a Ghanaian national who filed a lawsuit against the city of Chiba saying it illegally rejected his application for public assistance because of his foreign nationality. 

In his lawsuit, Siaw Johnson Kwaku, 33, demanded that the city rescind its rejection of his application, citing a notice issued by the former welfare ministry in 1954.

The notice states that “foreign nationals in need shall be provided with protection deemed necessary in accordance with the handling of welfare decisions for ordinary citizens.”

The plaintiff argued that citizens as defined in the Public Assistance Law include foreign nationals living in Japan, and requested that the city rescind its decision to reject his welfare application.

The Public Assistance Law, which took effect in 1950, stipulates that “all citizens” who are in need shall receive necessary protection.

In practice, foreigners eligible for such protection are limited to permanent residents and special permanent residents, such as resident Koreans.

The Supreme Court ruled in 2014 that “foreign nationals may be eligible for de facto protection through administrative measures based on notices from administrative agencies.”

However, the same ruling also concluded that “foreign nationals are not covered by the Public Assistance Law and have no right to receive benefits.”

Johnson argued that welfare should be granted to him as an administrative measure, even if it is not under the law.

The Chiba court, however, pointed out that “it cannot be said that foreign nationals are eligible for protection under the Public Assistance Law” based on the 1954 ministry notice.

The court also said that the law does not apply to needy foreigners and they are not entitled to benefits under the law.

The court explained that the welfare benefits provided through administrative measures are intended for foreign nationals with special permanent resident certificates and other documents.

Not all foreigners with visa status who are in need are eligible for the benefits, the court said.

In a news conference after the ruling, Satoshi Oikawa, a lawyer who represents Johnson, said, “I was hoping for a groundbreaking decision that would fit the needs of a new society. It is disappointing.”

Oikawa said the plaintiff will appeal the court's decision. 

He criticized the ruling, saying, “It is stuck in old ideas, such as precedents and preconceived notions. Foreigners who have a basis for their lives in Japan should be allowed to (receive welfare benefits). The judiciary should have the power to save them.”

Johnson said his trial “is beneficial for disabled foreigners and Japanese in Japan, too.”

He said, “I don’t want to lose hope.”

Johnson arrived in Japan in 2015. He graduated from a Japanese language school in 2016 and worked at a bakery and in other jobs. But he was diagnosed with chronic renal failure in 2019 and was unable to work.

To receive dialysis treatments three times a week and other medical care, he changed his visa to a “specified activities” status, which does not allow him to work.

Johnson and his supporters held a rally ahead of the court ruling in late December 2023 in which they criticized Chiba city.

“You forbid him to work, you don’t allow him to live on welfare, then he won’t be able to live,” they said. 

Oikawa said at the rally, “There is no rationale for discriminating against foreigners who can receive welfare benefits and those who cannot.”

Johnson said, “Many foreigners are working in Japan. These people are human beings, not robots. They can get sick or become unable to work. Please allow them to have welfare. I want to live.”

(This article was compiled from stories written by Shiori Tanabe, Jun Sugie, Itsuhiro Suzuki and Yunisu Mahar.)

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