The Urgent Appeal for the Japanese Government to
Grant "Special Permission for Residence"
to the Twenty-one Foreign Overstayers

Japanese

(Revised on 8 April 2000)


We are very pleased to inform those who endorsed our appeal that 16 of the 21 foreigners who applied for the Special Permission for Residence obtained the permit to stay in early February. They are the A, B, D and E families, all of whom have Iranian nationality. We regret to inform you, however, that the C family and Mr. F and Mr. G could not obtain the permit. They are now appealing to the court.



We would like to express our profound gratitude to those of you who supported this appeal. In spite of the time limitation, 593 signatures were obtained in total, with over 100 signatures from abroad. The list of the signatories was submitted to the Ministry of Justice along with our statement and some overseas experts' views supporting our demand on November 11 1999. This meeting was originally scheduled for November 4, but was subsequently postponed for a week. Immediately after the submission of these documents, we held a press conference as well.

In order to draw the public attention to this question, we held a following symposium on December 11.

Symposium on "Japan's Immigration Policy at the Crossroads:
              Overstaying Foreigners and the 'Special Permission for Residence'"

Time : December 11, 1999, 13:30-16:30
Place : Itabashi Kuritsu Sanbun Hall (Itabashi-ku, Tokyo)

Keynote Speech:
KOMAI Hiroshi (Tsukuba University),"Settlement of foreigners and the special permission for residence"

Panel Discussion:
Chairpersons: WATADO Ichiro (Meisei University) and YAMAWAKI Keizo (Meiji University)
Discussants:
KO Sun Fui (Kagoshima University), "Experiences of Korean Migrants in Japan"
INABA Nanako (Ibaraki University), "Undocumented Foreigners in France and Amnesty"
KOIDO Akihiro (Sophia University), "Immigration Control in the U.S. and Amnesty"
KONDO Atsushi (Kyushu Sangyo University), "Regularization and the International Law on the Human Rights"

In January 2000, we published a booklet in Japanese,titled as "Overstaying Foreigners and Special Permission to Stay: Japan's Immigration Policy at the Crossroads," (Tokyo: Akashi Shoten).The panelists at the symposium and the rest of us contributed a short article to this booklet.

In February 2000, the Justice Minister of Japan granted special permission for residence to the A, B, D and E families, consisting of 16 Iranians in total. He did not, however, give the permission to the C family (Burmese) and Mr. F(Iranian) and Mr. G(Bangladeshi). Those who did not get the permission are to file a suit against the Justice Minister. Until now, amnesty has been given only to foreign overstayers who are married to Japanese, or those who are looking after children born with a Japanese partner. We regret that not all the 21 overstayers got the permission to stay, but we do believe it is a significant step forward toward the regularization of foreigners in a irregular status in Japan that the Justice Minister gave the permission to the 16 of them apparently to respect the rights of the children who go to Japanese public schools.

Thank you again for your support!

KOMAI Hiroshi (University of Tsukuba), ITO Ruri (Rikkyo University), INABA Nanako (University of Ibaraki), KAJITA Takamichi (Hitotsubashi University), KOH Sun Hui(University of Kagoshima), KONDO Atushi(Kyushu
Sangyo University), SADAMATSU Aya (Hiroshima Kokusai Gakuin University), SAKUMA Kosei (Tokyo Woman's Christian University), HIGUCHI Naoto (University of Tokushima), YAMAMOTO Kaoruko (Tokyo Metropolitan University), YAMAWAKI Keizo (Meiji University), WATADO Ichiro (Meisei University)
[e-mail: HQM10620@nifty.ne.jp]


The following message was posted on October 25, 1999.
It is kept here for the record.

If you endorse the following appeal, please e-mail or fax us,giving your name, affiliation and country before Saturday, October 30, 1999. Please forward this message to any of your colleagues and graduate students who wish to support the twenty-one foreign overstayers discussed below.

We would also appreciate it if you could inform us about the current rules for the regularization of "illegal immigrants" in your country. Please let us know your opinion as to whether the deportation of the children in the following case would violate the International Convention on the Rights of the Child.

Thank you for your cooperation.

KOMAI Hiroshi (University of Tsukuba), ITO Ruri (Rikkyo University), INABA Nanako (University of Ibaraki), KAJITA Takamichi(Hitotsubashi University), KOH Sun Hui(University of Kagoshima), KONDO Atushi(Kyushu
Sangyo University), SADAMATSU Aya (Hiroshima Kokusai Gakuin University) SAKUMA Kosei (Tokyo Woman's Christian University),HIGUCHI Naoto (University of Tokushima) YAMAMOTO Kaoruko(Tokyo Metropolitan University), YAMAWAKI Keizo (Meiji University), WATADO Ichiro (Meisei University)

e-mail: HQM10620@nifty.ne.jp (INABA Nanako)
fax: +81 29 228 8131 (INABA Nanako)

If you need further information, we will fax an article of Asahi Evening News on this matter. Please contact INABA Nanako (HQM10620@nifty.ne.jp).


The Urgent Appeal for the Japanese Government to Grant "Special Permission
for Residence" to the Twenty-one Foreign Overstayers

We, concerned researchers, call for the Ministry of Justice to authorize special permission for residence" to the members of the group cited below as soon as possible.

A group of twenty-one people from Iran, Bangladesh and Burma, made up of five families and two single persons, who have overstayed their visas in Japan visited the Tokyo Regional Immigration Bureau on 1 September 1999, to request special permission for residence. Although they wish to continue living in Japan, they are "illegal immigrants" with no rights, and can no longer bear to continue living under the present circumstances.That is why, after long deliberation and at the risk of deportation, they took the decision to appear at the Immigration Bureau to request special permission for residence.

Though thirteen of them are adults violating the Immigration Control and Refugee Recognition Act, they have broken no other laws. Forced deportation of these people will be a great loss to Japan, for they
have been diligent workers and have paid their due taxes, proving themselves to be good "citizens" of Japanese society. In fact, they have become important members of their companies and their communities. Among them are some who were seriously injured in industrial accidents in Japan, and remain in need of medical treatment which is not available in their countries of origin.

Also included are eight children enrolled in Japanese schools. Protection of children's rights should be given a top priority. Children should not be held responsible for overstaying. The Ministry of Justice must respect the International Convention on the Rights of the Child, which the Japanese Government ratified in 1994. Deportation of these children would be a serious violation of their human rights. They have become
fully integrated into Japanese society, have close Japanese friends and speak only Japanese. They strongly wish to continue their education and life in Japan.

In France, to take only one example, children enrolled in schools are not deported. The French Government attaches great importance to the fact that strong ties to French society are created through school education. As a result, the parents are also granted permission to stay, since consideration is given to family ties before legal status.

Special permission for residence has rarely been given in Japan, other than to spouses or parents of Japanese nationals. However, historically speaking, the Government of Japan has authorized "special permission for
residence" on humanistic grounds to hundreds of Koreans who entered Japan "illegally," recognizing that they established their homebase in Japan. This is an important precedent. We strongly urge the Ministry of Justice to take the same measure for these twenty-one people.

THE LIST OF THOSE WHO SUPPORT THIS APPEAL



Basic Information on the 21 Overstayers

The A Family:

Age: the father, 39, grandmother, 68, mother, 36, older daughter, 13, and younger daughter, 4.
Nationality: Iran

The father entered Japan in December 1989. The grandmother, mother and older daughter entered Japan in November 1991. The younger daughter was born in Japan in January 1995.

The B Family:

Age: the father, 38, mother, 35, older daughter, 16, younger daughter, 9.
Nationality: Iran

The father entered Japan in May 1990. The mother and two daughters entered Japan in April 1991.

The C Family:

Age: the father, 43, mother, 34, daughter, 2.
Nationality: Burma (Myanmar)

The father entered Japan in September 1990. The mother entered Japan in August 1994. They got married in Japan and their daughter was born in Japan in August 1997.

The D Family:

Age:the father, 39, mother, 37, son, 15.
Nationality: Iran

The father entered Japan in December 1990. The mother and son entered in Japan in September 1991.

The E Family:

Age: the father, 40, mother, 30, daughter, 12, son, 5.
Nationality: Iran

The father entered Japan in October 1991. The mother and daughter entered Japan in December 1991. The son was born in Japan in March 1994.

Mr. F

Age: 34
Nationality: Iran

Mr. F entered Japan in September 1991. He had an accident while at work and is under treatment.

Mr. G

Age: 29
Nationality: Bangladesh

Mr. G entered Japan in February 1994. He had an accident while at work and is under treatment.