Japan Critized On Detention of Burm

[RANGOONP@xxxxxxx]

Japan criticised on detention of Myanmar refugees

By Elaine Lies
TOKYO, Aug 24 (Reuters) - Japan came under fire on Monday from human rights
organisations and a United Nations commission for its detention of two Myanmar
nationals after their applications for refugee status were denied. 

In what activists called a highly unusual move, the two men were detained in a
Justice Ministry facility a month ago on suspicion of overstaying their visas
after they had applied to become refugees. Both had expressed fears they would
be subject to persecution if returned to their homeland because they had taken
part in activities of organisations opposed to the Myanmar (formerly Burma)
government during their time in Japan, said an official with the People's
Forum for Burma, a Tokyo-based non-governmental organisation. 

A statement from the Lawyer's Group for Burmese Asylum Seekers suggested
Japan's actions violated United Nations High Commissioner for Refugees (UNHCR)
guidelines. 

``Article 31 of the 1951 Convention exempts refugees coming directly from a
country of persecution from being punished on account of their illegal entry
or presence, providing they present themselves without delay to the
authorities and show good cause for their illegal entry or presence. This is
also true for asylum seekers,'' it said. 

It said the two men had notified the Tokyo Immigration Bureau of their places
of residence and appeared at interviews. 

``There is no point in detaining the Burmese asylum seekers in the name of
preventing harm to the bureau or the general public,'' it said. 

Chikako Saito, senior public relations officer at the UNHCR regional office in
Tokyo, said she could not comment on specific cases but said the UNHCR had
``contacted the government on this issue.'' 

``Refugees should be given due consideration,'' she said. 

The UNHCR protocol on refugees -- to which Japan is a signatory -- recommends
countries not apply their residence and entrance laws when considering refugee
applications. 

``These people would be better off outside (a detention facility), and so we
ask for them to be freed,'' she added. 

One of the two men came to Japan on a short-term visa 10 years ago. Now 40 and
married, he applied for refugee status in the spring of 1994 while holding a
student visa. 

This visa later expired, making him technically an illegal immigrant. He was
summoned to the Justice Ministry for questioning on July 24 on ``alleged
illegal activities.'' 

The official at the People's Forum For Burma said: ``He responded to the
authorities as requested that morning, then was detained that afternoon. In
human terms, this is terrible.'' 

An official at the Tokyo Immigration office declined to comment, but said the
two procedures were unrelated. 

``There is no connection between detention and applications for refugee
status,'' he said. 

Applying for refugee status in Japan is a difficult process that takes years,
and while applicants can appeal any negative decisions, the outcome is far
from guaranteed. 

In a bitter twist, two of the first Myanmar citizens to gain Japanese refugee
status announced last week they were revoking their status and returning to
Myanmar, saying that the government there was making efforts to change. 

``I think this move was meant to mislead the Japanese public and government,
and I feel it will pose a hindrance to refugee applicants in the future,'' one
activist said. 

06:43 08-24-98