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Opinion: Law to revoke visa status over tax arrears irks Japan permanent residents
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OSAKA -- As economic challenges in Japan continue, some are becoming unable to pay social insurance premiums or taxes due to deteriorating health or job circumstances. Amid such a situation, following updates to immigration laws this June, permanent resident foreigners can have their status revoked if in arrears.
Many with permanent residence have been born and raised in the country and speak only Japanese. The removal of the status for people whose only place is Japan can only be called a half-threat, and with criticism coming even from U.N. organizations, it's time to rethink the strategy altogether.
According to the Immigration Services Agency of Japan, of the country's approximately 3.59 million resident foreigners as of the end of June, around 900,000, or 25%, were permanent residents. One is "Emma," a 31-year-old U.S. woman living in Tokyo who was born and raised in Japan. Although she had some doubts about Japan's policies targeting foreigners, such as low admission of refugees, she did not feel that it was related to her. However, with the recent changes to the Immigration Control and Refugee Recognition Act that have suddenly made it possible for her to be knocked from her position of stability, she now senses the seriousness of the situation.
Emma has a certain amount of income from her employer, but there's always the fear of becoming unable to pay taxes and so on if that income is affected by unforeseen circumstances. She used to think being a freelancer would grant her independence, but now says that "There's a risk in terms of income, so I had to give up on that."
This July, Emma and some of her friends and others with the same worries in their 20s and 30s formed the group "The Alliance of Permanent Residents." They opposed the measures to revoke permanent residence, but supposing that it would be introduced, they are collecting signatures online to ask the government to consider individual circumstances to the maximum extent possible.
"I have a number of acquaintances who are foreign nationals who have resigned from their companies due to mental or physical problems and are no longer able to pay social insurance premiums. What about those who are told to leave Japan but cannot even speak their native country's language?" said Emma.
Worries over scope expanding to cover 'special permanent residents'
The issue is not just a concern for young people. One Chinese woman in her 60s, a third-generation immigrant living in Kobe, was born and raised in Japan. Sharing her worries over revocation of permanent residence, she wondered, "Some among the older Chinese could become impoverished and delinquent from here."
A majority of her siblings and children married Japanese nationals and became Japanese themselves. It's also possible for her to change her nationality, but she wants to live as a permanent resident who treasures her roots.
At university, she studied Chinese and Japanese history and also became aware of the wartime tragedies faced by the people of China. Her family is no exception. Her grandfather, the first generation to come to Japan, was a merchant in Kobe when suddenly, in December 1944 the Osaka Prefectural Police accused him of being a spy, took him away and tortured him. He survived, but six fellow Chinese allies of his lost their lives after similar torture. "I have many Japanese friends and want to live in Japan for good. Still, in light of history I don't want to lose my Chinese identity," the woman said.
This May, Zeng Deshen, adviser for the Yokohama Overseas Chinese Association, a group of Chinese residents in Yokohama, participated to provide testimony at a meeting of the House of Councillors judicial affairs committee. Regarding the revocation of permanent residence, he pleaded, "This is a serious matter that runs counter to the realization of multiculturalism and threatens the lives and human rights of permanent residents."
Many of the foreigners from the Korean Peninsula and Taiwan, which were Japan's former colonies, have "special permanent residents" instead of Japanese citizens, and this designation was excluded from the revocation clause. Even so, many such residents worry that the scope will expand to cover them too.
UN issues paper on human rights to Japan gov't
The policy of revoking permanent residence was brought to the fore suddenly. The introduction of an alternative system to the human rights problem-plagued technical internship program was in consideration. A panel of experts, upon debate, was recommended to work on revising the immigration law. The issue of revoking permanent residence status was not debated, but the idea was ultimately included to reflect the intent of the ruling Liberal Democratic Party (LDP) which was warning of an increase of permanent residents through the alternative "training and employment" system.
The Justice Ministry explained, "Revocation is only for malicious cases such as willful delinquency. Permanent foreign residents living normally are not affected." However, there is no guarantee that terms like "willful" or "malicious" won't be arbitrarily applied. Regarding things such as unpaid taxes, responses that have been possible up to now, including foreclosure and litigation, will remain on the table. There is no legitimate reason to take severe measures targeting only foreign residents.
To gain permanent resident status in Japan, people need to clear conditions such as living in the country for 10 years in principle and having a certain amount of income. As such, the process is said to be arduous compared to other countries. It should be noted that all permanent residents have gone through a rigorous screening process to obtain the status, based on their great efforts and determination.
In June, the UN Committee on the Elimination of Racial Discrimination sent a letter to the Japanese government expressing concern that the recently passed legal revision risked spreading a disproportionate impact on the human rights of permanent residents. The government this September responded that the amended law has "no discriminatory impact on permanent residents residing in Japan in any way."
As Japan's economic place in the world continues to tumble, it can only be seen as a country that's also weak on human rights. The latest legal revision merely upends the hopes and peace of mind of permanent foreign residents of all ages and various historical backgrounds and whittles away the trust of the international community.
(Japanese original by Ken Uzuka, Osaka City News Department)
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