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Mainichi-UN_pressures_govŐt_over_de



Mainichi Shimbun
August 25, 1998

UN pressures govÕt over detained Burmese 
Justice Ministry criticized for treatment of people seeking refugee status 

The United Nations and human rights activists are pressing the government
to release two Burmese men who were put in custody shortly after their
applications for political refugee status was denied. 

In a rare and controversial move, both men were put in a Ministry of
Justice detention facility nearly a month ago on suspicion of overstaying
their visas after they had applied to become recognized as refugees. One
has family in Japan and both have a fixed address in the nation. 

When summoned by the ministry last month, they expressed their fear of
oppression if made to return to their native country. 


The United Nations High Commissioner for Refugees (UNHCR) has filed a
complaint with the Justice Ministry over the cases. The complaint warns
against the immediate incarceration of people seeking refugee status if
they are not suspected of fleeing from authorities. 

One of the men is 40 and came to Japan 10 years ago on a short-term visa.
He applied for refugee status in the spring of 1994 after obtaining a
student visa. A member of the Association of Burmese in Japan, which is
opposed to BurmaÕs ruling junta, he had claimed in his application that he
would be subject to oppression if he ever returned to his native country. 

Later, however, his visa had expired, technically making him an illegal
immigrant. 

Late last month, he was summoned to appear before immigration officials to
be questioned over what they call his Òalleged illegal activities.Ó He was
then taken to the detention facility. 

He is married to a Filipino whom he met in Japan. They have two children. 

The other man, 36, was detained three days later after his application for
refugee status was rejected. 

A group of lawyers representing Burmese in Japan have filed a total of 95
applications for refugee status. However, only one case received approval
and 28 have been rejected. The remainder are currently under consideration.


Last monthÕs cases are the first in which those seeking refugee status have
been detained on suspicion of staying in the country illegally after their
application for such status was rejected. 

That appears to violate a UNHCR guideline that recommends that people
Òseeking protectionÓ not be subject to detainment. 


Also, the UNHCRÕs protocol on the status of refugees recommends that
countries not apply their residence and entrance laws when considering
refugee applications. Japan is one of the protocolÕs signatories. 


The UNHCRÕs regional office for Japan and South Korea has criticized the
Justice MinistryÕs handling of the cases. ÒMaking applicants wait for long
periods for responses on their applications and driving them into an
anxious situation is not morally correct,Ó said an office representative. 

The ministry says it refuses to comment on specific cases. However, an
official said that detainment is generally part of deportation procedures,
and at what point suspects are detained varies from case to case. 

People applying for political refugee status have the right to file
objections in the event that their applications are rejected. ItÕs also
possible for rejected applicants to take their cases to court if their
objections are not recognized by ministry authorities. 

In fact, many of the applicants who feel their safety is in danger if they
are deported back to their native countries end up taking their cases that
far.