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Hi Blog. Let me reproduce here some a comment that Debito.org Reader SIM made elsewhere:
SIM: I haven’t posted here in quite some time, but with the abhorrent situation as it is I must say something. The reprehensible circumstances for Chris above are something that nobody should face at any time in their life. The manner in which the government has taken this policy of banishing any legal resident with a foreign passport from returning to their livelihood, their family and any assets that they hold if they set one foot outside Japan because of a virus that cannot see the color of said passport is underhand to say the least.
Adding insult to injury is the law on which the MoJ is basing this discriminatory treatment. From a document called “Regarding refusal of landing to prevent the spread of COVID-19 (novel Coronavirus)” on the MoJ website, I have found that the legislation relied upon is Article 5 of Immigration Control and Refugee Recognition Act which reads as follows:
“Article 5 (1) A foreign national who falls under any of the following items is denied permission to land in Japan:
“Paragraphs (i) to (xiii) (abbrev.)
“(xiv) Beyond those persons listed in items (i) through (xiii), a person whom the Minister of Justice has reasonable grounds to believe is likely to commit an act which could be detrimental to the interests or public security of Japan.
Basically, this shows that the government of Japan believes that, with the outbreak of COVID-19, notwithstanding the fact that we may be legal residents and taxpayers, anybody with a foreign passport is a ‘danger’ to the nation and should be banished if they dare to venture outside of its borders.
This is literally the Government of Japan sticking their middle finger at us who have contributed so much to the nation. With one 3 page notice, the MoJ has arbitrarily revoked both our legal status here and the basic human rights to free movement and to domicile, not to mention the human rights of our spouses and children.
Frankly, with the government’s complete lack of abilities and policies for the current pandemic, and now this, the latest instance of their complete disregard for legal residents, I’ve had enough. After 36 years here, with nearly 30 years as a law abiding taxpayer, I’ve decided to get out while I still can. I am in the process of tying up all loose ends and returning to my country of birth, which I might add has not had any community trasmission of COVID-19 for over two and a half months. Regards, SIM.
(The MOJ documentation of border re-entry rules for non-citizens, as of July 1, 2020, is at the bottom of this blog post.)
COMMENT: Debito.org invites Readers to comment on their experiences with the Ministry of Justice at the border. Whether it’s a) you left and re-entered without incident, b) you inquired about leaving in advance and received information that inspired or dispelled confidence in the process, c) you received an unexpected surprise at the border despite all the information you had, or d) you wound up in exile, etc., please let us know. Please use a pseudonym. Debito Arudou, Ph.D.
What follows are some excerpts of some of what I’ve heard so far. Click on the names to read the full comment.
Chris: “I had to go to a separate counter and forced to sign documentation barring me from re-entry which I reluctantly signed because had I not signed, immigration officials probably wouldn’t have let me proceed or questioned me. Had I known that I was essentially forced to sign documentation barring me from re-entry, I would’ve considered not leaving. Now, I can no longer see my wife and children.”
“Japan was been unique among the G7 nations in treating its foreign residents differently from its citizens, who are allowed to enter the country as long as they submit to a PCR test at their port of entry and agree to isolate themselves for two weeks afterward… The government permits exceptions to the re-entry ban on humanitarian grounds, such as when someone needs to visit a critically ill relative or attend a funeral. Decisions are made on a case-by-case basis, however, which doesn’t allow for certainty or reliability… A recent survey conducted by the German Chamber of Commerce and Industry in Japan of its members showed that 78 percent of them regard the entry ban as a significant burden to their businesses. In addition, 79 percent of the affected companies say their turnover is endangered because ongoing projects cannot be completed and new projects cannot be initiated.”
Amelie Le Boeuf: “I resent having all the obligations of a Japanese citizen when it comes to paying tax etc., but not the same protection. Seeing how my fellow foreign residents are being treated makes me feel like we’ll always just be ‘pawns,’ second-class residents, that can be discarded whenever Japan enters into a crisis period.”
Joe Van Alstyne: “Many of us are committed to living here and do everything we can to positively contribute to Japanese society. But this situation feels like we’re being treated no differently than basic tourists, despite the work we’ve put in to live here.”
Law Professor Colin P.A. Jones: “The courts have always been clear that non-Japanese people have no constitutionally protected ‘right of sojourn’ to leave the country temporarily and freely return. What we are now seeing is just a manifestation of a basic legal question that has always been there for non-Japanese residents: How safe is it to invest in Japan — time, energy, capital — if you suddenly may be unable to enter (or re-enter) the country?”
Chottomat: “I’m going to leave Japan on 7th August for the UK for ‘medical reasons’ with my spouse visa. I phoned the immigration and they said it was a case of “on the day you return, you state your reason for leaving to the immigration clerk, and they decide on the spot whether to let you back in or not. Supporting documentation would help, he said. Still doesn’t get around the blatant racism, though.”
Realitycheck: “A Japanese person I know had the audacity to shrug off members of his international company being refused entry to Japan. He said it wasn’t discrimination but I put him right about that. I also told him he had benefited greatly from the non Japanese system in his company and had he been a foreigner in a Japanese company, he would never have reached his current position of privilege. He probably won’t speak to me again but that’s fine. This and other attitudes from a Japanese who has lived abroad and been given equal treatment in non-Japanese societies and companies, are pretty normal.”
Ben: “Australia ensured that its permanent residents could return, particular if they had immediate family in Australia. Why should Japan bar me from returning? It’s simply unfair!”
Niklas: Did anyone see the press conference with the Minister of Foreign Affairs? Basically this guy doesn‘t care at all that all foreign residents are barred from entering the country. Japan isn‘t even hiding it anymore, they just don‘t give a damn about foreign residents.
Because of that Germany decided to ban Japanese travelers as long as German residents are not allowed in to Japan.
Note how this only applies to travelers, since banning legal non German residents would be illegal according to German law of course.
Jaocnanoni: “There are no regular direct connections between Japan and a country not on the ban list, and just changing planes at an airport in a country on the list makes you eligible for the ban. Under this circumstances it’s boiling down to a de facto blanket ban, and the few exceptions in place aren’t applicable for the vast majority of NJ residents.”
Sven Kramer: “– The number of foreign long-term residents, permanent residents and foreigners who live as relatives of Japanese citizens, is more than 2 million people.
– They are equal to Japanese citizens in regard of being part of Japanese society, and contributing daily to Japan as employees, teachers, business owners, or tax payers, to name a few of their contributions.
– Because of this, if they have to travel abroad for a very good or unavoidable reason, they must not be subject to the generic entry ban like short-term visitors and should be granted reentry into Japan under the same conditions that apply to Japanese citizens and special permanent residents immediately.
– One part of Japanese society must not be treated like random visitors even under the intention to prevent the international spread of COVID-19.
– Especially the reentry ban on foreign relatives of Japanese citizens is a huge problem, which is not only a human rights violation, but probably a violation of Japan’s constitution, too.”
John: Latest iteration, courtesy of the Ministry of Foreign Affairs, as of July 22, 2020:
The MOJ documentation as of July 1, 2020, courtesy of SIM (click on image to expand):
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