Even if they are fully integrated into their local communities, foreign nationals living in Japan still often face barriers to getting public service jobs due to their nationality.

Securing such positions can still mean limited responsibilities and advancement.

These constraints have caused significant hardship for many foreign residents wishing to perform roles in public services. It's crucial to re-evaluate whether these regulatory restrictions, which hinder the right of foreign residents to participate in society, are justifiable.

A survey by this newspaper revealed that 15 percent of municipalities across the country have foreign nationals serving as members of “shobodan” volunteer firefighting corps composed of local residents who work in coordination with the fire department in the event of a disaster.

Although volunteer firefighters are part-time public employees, the number of people volunteering to do the service is declining due to factors such as low birthrates and an aging population.

Consequently, there is a growing trend among local communities to accept and rely on foreign nationals in these roles.

For more than 70 years, the government has maintained that public employees involved in exercising public authority or shaping public will must be Japanese nationals.

In firefighting, actions such as setting warning zones or demolishing buildings to prevent the spread of fires involve exercising public authority.

The Fire and Disaster Management Agency of the Ministry of Internal Affairs and Communications plans to outline its stance on the authority that can be delegated to foreign volunteer firefighters, possibly within the current fiscal year, which ends in March 2025.

However, stricter rules concerning the roles of foreign volunteers could only lead to a further decline in the membership and activities of the volunteer fire corps, which play a crucial role in disaster response.

It would be more logical to view the activities of shobodan firefighting corps holistically and allow foreign residents to participate on an equal footing.

While many municipalities do not allow foreign nationals to take civil service exams for certain positions, there is no legal basis for this.

Since 1996, when the then-minister of home affairs stated that the scope of jobs that foreigners cannot hold is determined by each municipality, there has been a trend toward relaxing these requirements in many areas.

However, most still impose restrictions that prevent foreigners from being promoted to certain managerial positions.

A Supreme Court ruling in 2005 in the case of a Tokyo metropolitan government employee who was denied the opportunity to take the managerial exam had a significant impact on the issue.

The ruling dismissed the case, citing the principle of national sovereignty to support the argument that the distinction was reasonable since it was not initially assumed that foreigners would hold such positions.

On the other hand, two of the top court judges who heard the case dissented, arguing that it was against the constitutional principles of equality and freedom of occupational choice to uniformly deny foreign nationals the opportunity to take the exam solely based on nationality, especially given the diversity of managerial duties.

In the nearly 20 years since, the number of foreigners who have been integrated into society has increased, and the minority opinion has apparently become more convincing, even considering the legislative and policy efforts made by the Diet and the government toward coexistence.

Regarding public school teachers, a 1991 notice from the former education ministry opened the door to hiring foreign nationals, but they could only be employed as "lecturers" rather than "teachers" and could not take management posts.

The restriction on foreign nationals serving as part-time national public employees in the judicial field also warrants reconsideration as to whether it is a necessary limitation.

These positions include “chotei-iin,” or a court-appointed member of a mediation committee, and "sanyo-in" (advisory member), or someone who participates in family court proceedings to support the judge's decision-making.

Only by accepting the desire of foreign residents to take on public roles responsibly, regardless of nationality, can society become more mature.

--The Asahi Shimbun, Aug. 27