| National and International | |||
| Objection!-Reject the Immigration Reform Bill! Appeal at April 5 Gathering |
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The Immigration Control and Refugee Recognition Reform Bill (hereafter Immigration Reform Bill), which specifies a Japanese version of the "US-VISIT" program and allows for the deportation of foreign nationals deemed to be "terrorists," passed the House of Representatives on March 30. Approved by the Cabinet council on March 7, the bill passed the House of Representatives less than 2 weeks after its first exposition in the Diet on March 15.
The discussion concerning the bill at the Justice Committee of the House revealed several unresolved questions: (1) Is it legitimate to promote the Immigration Reform Bill without any legal regulations concerning obtaining, storing, using and discarding biometric data such as fingerprints? (2) Is it legitimate to leave to a ministerial ordinance how biometric data other than fingerprints and facial photographs will be used? (3) Is biometric certification really reliable? (4) How does the legislation define "terrorist" and specify the procedure for designating someone a "terrorist?" (5) Are there appropriate restrictions on exchanging information with foreign governments? Ambivalent explanations provided during the session provided strong evidence for lack of preparation and lack of consensus among the pro-reform side. We strongly oppose the Immigration Reform Bill, and have made various appeals to the public. There are many reasons for our opposition to the bill. Obliging all foreigners to provide their biometric data upon arrival is based on the preconception that "terrorists are foreigners" ("all terrorists are foreign nationals"), which is discrimination against them. If this reform bill passes, biometric data such as fingerprints and facial photographs will be collected from all foreigners except those with special permanent resident status. This is too wide-ranging and excessive without affirming the effectiveness of the US-VISIT-style "war on terror". Collecting fingerprints is, above all, a symbol of the control of foreigners in Japanese history. It practically equates foreigners with criminals. Furthermore, during the discussion in the Diet, it became clear that the collected biometric data will not only be used for "measures against terrorists" but also in general criminal investigations. This is definitely an out-of-purpose application of sensitive information, in this case biometric data. It is unacceptable even if the data is shared only among administrative agencies. Also, it is estimated that the collected personal information will be stored for up to 80 years, resulting in vast amounts of data. Needless to say, there is a risk in storing a large volume of intimate personal information such as biometric data over long period of time. A number of incidents have been reported where personal information was released. In a recent case, the leak came from the very person who was in charge of the data. The definition of "terrorist" is also vague. It includes not only people who carry out "criminal acts with the purpose of threatening the public", but also people who are "under reasonable suspicion of intending to carry out" "preparatory acts" or "activities" that would "make carrying out criminal acts easier". This is far too vague. There is a danger that arbitrary application by the immigration office would spread. Therefore establishing a third party organization, which is independent from the Minister of Justice and which guarantees due process, is indispensable. The government also proposes an "Automatic Gate" system at international airports for the convenience of travelers. However, it was disclosed that the biometric data of both foreigners and nationals collected for the registration could be used in criminal investigations. This way of utilizing data out-of-purpose is a step towards a surveillance society. The discussion in the House concluded without clarifying these critical points. We strongly urge that careful consideration be given in subsequent discussions in the House of Councilors, Even the "war on terror" should not free nations from their obligation to respect and protect all human rights. This point has been emphasized repeatedly at international conferences, including the UN round-table discussion on the "war on terror". There is a danger that strict control of foreigners, in the name of the "war on terror," will target people of certain races, religions, and ethnic groups. This discrimination is called racial profiling. We have gathered together here today to stand against the Immigration Reform Bill. We will come together again to make every effort to stop this bill. April 5, 2006 At "Objection!-Reject the Immigration Reform Bill, April 5 Gathering" Organized by Amnesty International Japan Solidarity Network with Migrants Japan Endorsed by 51 NGOs For further information, please contact: 03-3518-6777 (Amnesty) 03-5802-6033 (SMJ) |
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