Japan is not a country famous for accepting refugees with open arms. A majority of those who apply are denied; in 2023, there was an acceptance rate of only 3.8 percent.
Sadly, that’s a record high for the G7 nation. Their stringent rulings have caused human rights groups to urge Japan to align its refugee policies with international standards.
However, that doesn’t mean that refugees are automatically rejected. Last week, the Osaka District Court ruled in favor of a North African man fleeing persecution due to his sexual orientation. This is the second time the court has overturned such a decision.
A Desperate Plea for Reconsideration
With his identity kept anonymous for safety reasons, the man fled to Japan in December 2019. Upon arriving in Osaka, he eagerly applied for refugee status in January 2020. He faced social discrimination and family abuse in his home country for his sexual orientation.
Regrettably, Osaka Immigration Bureau Services rejected his application in February of the same year. After the dismissal of his appeal in May 2022, the desperate man resolved to file a lawsuit in July.
Finally, as of last week, the North African man’s prayers have been answered. Tokuchi Atsushi, the preceding judge, acknowledged that deporting him would jeopardize his life. Matsumoto Ado, the plaintiff’s lawyer, expressed his hope that the Japanese government will reevaluate its evaluation of asylum applicants.
This is the second time the Osaka District Court has overturned a previous decision by Immigration regarding LGBTQ refugees. In 2019, a Ugandan woman arrived at Kansai International Airport fleeing persecution. The Ugandan constitution forbids same-sex marriage, even allowing the death penalty for “aggravated homosexuality.” This law defines it as same-sex relationships with minors or vulnerable people, as well as homosexual relations while HIV positive.
Japanese immigration authorities initially rejected the woman’s application, despite Uganda’s notoriously harsh anti-LGBTQ laws. They questioned her claim’s credibility and the extent of the danger she faced back in Uganda. Finally, following a lengthy battle that required her to provide photographic evidence of her abuse, they accepted her.
Public Response
The comments on social media regarding the rulings of both the North African man and the Ugandan woman appear to be mixed. Some netizens are puzzled that they chose Japan instead of a country that is closer to Africa and speaks English. Others are perplexed; a lack of same-sex marriage in Japan led to the acceptance of a Japanese lesbian couple as refugees in Canada last September.
It seems odd then that, in the next breath, Japan would be on the radar for such refugees. Japan still prohibits marriage and benefits for LGBTQ individuals seeking asylum. As a result, there are netizens who believe that LGBTQ Japanese citizens should receive support before foreign refugees do.
Japan’s Reluctance to Accept Refugees
After WWII, the world faced the plight of desperate refugees who had survived horrific atrocities but had nowhere to go. In order to address the needs of displaced individuals, world governments convened the 1951 Refugee Convention. The result was a key document that laid the groundwork for international protection for asylum seekers. Within it, criteria for a refugee are well-defined and have set a global standard for refugees’ rights.
Since October 1981, Japan has been a signatory to the 1951 Refugee Convention. This move was a direct response to a mass inflow of Indo-Chinese immigrants to Japan that began in 1979. “Non-refoulment,” the main concept of the Convention, asserts that countries should not repatriate refugees to countries that threaten their lives or freedom. Japan’s failure to uphold the agreement, which all nations have signed, is an understatement.
Despite this criticism, Japan continues to remain rigid regarding those who seek asylum within its borders. In June, the nation passed a bill allowing the government to deport individuals who appeal an asylum denial more than twice.
The system frequently subjects those waiting for an answer to lengthy stays in detention centers or denies them permission to work while their case is pending. The most infamous of these cases in recent years was that of a Sri Lankan woman who died in custody due to a lack of medical attention.
Violating international regulations
This knotted tangle of red tape makes navigating the system exhausting, and it blatantly disregards international regulations that Japan willingly signed. The 1951 Refugee Convention forbids nations from forcibly deporting innocent people back to countries where their lives are threatened.
Perhaps in an effort to avoid accountability, Japan is one of the largest donors to the United Nations High Commissioner for Refugees (UNHCR). So far, the island nation has donated $86.91 million USD in 2024 alone.
Takizawa Saburo, a professor at Toyo Eiwa University and former Japan representative for the UNHCR, has stated that Japan has often engaged in “checkbook diplomacy.” The message, Dr. Takizawa says, is clear: if Japan donates, their lack of actually accepting refugees ought to be overlooked.
While the Osaka District Court’s rulings demonstrate potential change on the horizon, Japan’s LGBTQ rights and refugee acceptance still need work. Japan remains the only G7 nation to oppose marriage equality, and its failure to uphold the 1951 Refugee Convention is widely criticized. Perhaps this ruling is the first pebble down the hill, but who knows how many are to follow.
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Sources
大阪地裁、北アフリカ出身の３０歳代男性を難民認定判決…同性愛者で母国で迫害受ける恐れ. Yomiuri Shimbun
同性愛のウガンダ人「ずっと震えていた」 難民認定命じる判決に喜び. Asahi Shimbun
国内における難民の受け入れ. Ministry of Foreign Affairs of Japan
改正入管法の施行 難民を追い返さないよう. The Mainichi
UNHCR Donors: Japan The UN Refugee Agency
Ugandan court rejects bid to nullify anti-gay law that provides for the death penalty in some cases NBC News
Refugees and Human Security: A Research Note on the Japanese Refugee Policy. 東洋英和女学院大学学術リポジトリ
